••i'"'i^''pi(.Hs''r% '^ ''Q' "''. 



COMPILATION 



LAWS OF LOUISIANA 



BBLATING TO THE 



Free Public Schools, 



EMBRACING ALf. LAWS NOW IN FORCE 



PROPER MANAGEMENT AND GOVERNMENT 
OF THE PUBLIC SCHOOLS, 



ALSO THE RULE t5 AND REGULATIONS ADOPTED BY THE 
STATE BOARD OF EDUCATION, 



Miscellaneous Information for the Guidance of 
School Officials. 



FOURTH COMPILATION. 

J as. B. As well, State Superintendent of Public Education. 



baton ROUGE: 
The Times, Official Jqub^nal of Louisi.^na. 
1904. , 



NOTE. 

This work has been compiled by order of the State Board of Education, 
jwad is pnblic property for the use of teachers and public school officers. 



COMPILATION 



LAWS OF LOUISIANA 



RELATING TO THE 



Free Public Schools, 



EMBRACING ALL LAWS NOW IN FORCE 



PEOPER MANAGEMENT AND GOVERNMENT 
OF THE PUBLIC SCHOOLS, 



ALSO THE RULES AND REGULATIONS ADOPTED BY THE 
STATE BOARD OF EDUCATION, 



Miscellaneous Information for the Guidance of 
School Officials. 



FOURTH COMPILATION. 
Jas. B. Aswell, State Superintendent of Public^Education. 



BATON ROUGE: 

The Times, Official Journal of Louisiana. 

\904. 






'''^^ 



4 



ERRATA. 



On page 3, under head of "State Board of Education" add the name 
of James H. Dillard, New Orleans. 

On page 16, line 22, for "betwen" read "between." 
On page 21, fourth paragraph, for "Act 219 of 1904" read "Act 37 of 
1904." 

On page 2(5, line 19, for "renumeration" read "remuneration." 
On page 32, line 40, for "conductive" read "conducive." 
On page 38, line 11, for "superintendnts," read "superintendents." 
On page 38, line 15, for "ceertified" read "certified." 
On page 38, line IB, for "otheer" read "other." 
On page 39, line 2, for "eleect" read "elect." 
On page 39, line 2, for 'apopinf read "appoint." 
On page 40, line 5, for "teachrs" read "teachers." 
On page 40, line 10, for "ibraries " read "libraries." 
On page 41, line 7, for "aportioned" read "apportioned." 
On page 41, lines 26 and 27, for "demade" read "demand." 
On Dage45, line 14, for "institututes" read "institutes." 
On page 48, lines 20 and 21, for "remueration" read "remuneration." 
On page 63, line 41, for "he" read "the." 

On page 64, lines 2 and 3, omit "The administration of such subse- 
quent act of ^donations." 

On page*74, line 4, for "237" read "6." 
On page 75, line 4 of Note, for "includs" read "include " 
On page 89, in third line of last paragraph, for "madde"read "made." 
On page 91, add to "Authorized High Schools," St. Martin ville, St. 
Martin Parisli," and "New Iberia, Iberia Parish." 

On page 94, lines 11 and 13, for "Acts" read "Article." 

On page 94, line 28, for "pualification" read "qualification." 

On page 94, line 33, for "secretaryy" read "secretary." 

,^*"Also a number of errors in syllabification not noted herein. 



STATE BOARD OF EDUCATION. 



Members of the Stare Board of Education charged with the 
superinteiideTJce &nd direction of public instruction: 

GovERNoii NEWTON C. BLANCHARD, President. 

Attokn]>'y General WALTER GUION. 

St:Vt;-: Supekintendent JAS. B. ASWELL, Secretary. 

Hon. D. C. SCARBOROUGH, Natchitoches. 

Hon. THOS. H. LEWIS, Opelousas. 

H;on. WALTER J. BURKE, New Iberia. 

Hon. a. B?aTTlN, New Orleans. 

Oapt. E. E. KIDD,. Ruston. 

Prof. T. IT. IIARlilS, Baton Rouge. 



Prof. J. E. KEENY, Baton Rouge, Assistant Secretary. 

"We must make Education and Progress our countersign and watch- 
words. " — Goo Blanch ard , 



TABLE OF CONTENTS. 



Pages. 

Members of State Board of Education 2 

Gov. N. C. Blanchard's Address (excerpts) 7 

Introductory Statements 12 

Limitations of Legislative Powers 15 

Articles of the State Constitution Having Reference to 

Education 1,5 

General Provisions 21 

Proposed Amendments 21 

State Board of Education 30 

Parish School Boards 31 

State Superintendent of Public Education 36 

Parish Superintendents 38 

School Treasurers . 41 

Teachers ' Institutes 42 

Examinations and Certificates .-^ 46 

Revenues 49 

Poll Tax 52 

Sale of School Lands 53 

Land Grants and Free School Fund 60 

Donations .- 62 

Special Sources of Revenue 64 

Schools 65 

City Schools 67 

Beneficiary Students 72 

State Schools 75 

Special Laws 83 

Supreme Court Decisions 84 

Authorized High Schools ^ 90 

Resolutions of State Board 91 



PREFACE 



The numerous requests for copies of the school laws and 
school regulations have induced the compiler to prepare this 
edition, in which will be found information of practical value, 
not only to members of the different school boards, but as well 
to teachers and the patrons of the public schools generally. - 

While the compilation presents only such laws as the com- 
piler finds in the Statutes relating to public education, and de- 
cisions of courts of high authority — also, the rules and regu- 
lations adopted by the State Board of Education — he ventures 
to hope and believe that the compilation will prove usefu', and 
assist in disseminating a more thorough knowledge of the school 
laws, and that the views expressed will coincide, in tlic main, 
with such as are held on the subject by worthy teachers, and 
by the friends and promoters of public education. 

August 18, 1904. JAS. B. ASWELL. 



GOV, N. C. BLANCHARD'S VIEWS ON PUBLIC 
EDUCATION, 

(From Inaugural Address, May 16, 1904.) 

THE PUBLIC SCHOOLS. 

This administration recognizes the importance of public 
education as the prime condition for the growth and power of 
the State. It is hardly necessary for me to multiply words in 
presenting the cause of the children. The school house is the 
fountain-head of happiness, prosperity and good government. 
Education makes people worth more to the State and to them- 
selves. It makes every hand and every eye more strong and ac- 
curate. Some one has truly said that it is cheaper to build school 
houses than jails. The first need of the State is the general 
diffusion of public education. All the youth of the State must 
have extended to them at the common expense the blessings of 
free education, and we should make the public schools of Louis- 
iana the center of life and hope and love. 

Much has been done to educate the children of the State. 
IV^uch more remains to be done. 

With a keen consciousness of the responsibility laid upon 
us by the people of this great State, with a profound conviction 
that universal education is the necessity of a permanent De- 
mocracy, with a growing faith in the capacity and possibilities 
of our children, with the full realization that the public school 
is the only hope for the education of the great majority of our 
people, and with a steady reliance upon your patriotism, cour- 
age and sense of justice, I appeal to you, gentlemen of the Cen- 
eral Assembly, in the children's name, to make this administra- 
tion stand for liberal and progressive legislation promoting pub- 
lic education. 

To close the door of hope against any child within the 
borders of the State, whatever be his race or condition, by de- 
liberately removing him from the possibility of securing such 
training as will fit him for the life he has to live, is illogical, un- 
christian, un-Democratic and un-American. 

The need of the hour is a system of public schools in Louis- 
iana adequate in equipment, in teachers, in supervision and in 
length of term, for the education of all our children. 

To this end will this administration direct its energies and 
whatever failure may result it will not be caused by wavering 
purpose or neglect of duty. 

A public school system to be effective and permanent must 
be a whole system. No part should be antagonistic to any otjier 
part. The country school, the high school, the industrial school, 



8 COMPILATION OF THE 

the normal school, or the university, is an equally important 
factor in our educational life. They are organic parts of the 
same system and each should rejoice over the prosperity of the 
other; each should strive mightily in its own way and sphere 
for the advancement of the children and for the glory of the 
State. 

PRIMARY EDUCATION. 

"While all parts of the State's system of public education 
should receive full recognition and generous treatment at the 
hands of the General Assembly, I pray that the first and most 
liberal consideration be given to primary education. Many of 
the children of our less well-to-do people, living in remote and 
sparsely settled country districts, have not yet had extended 
to them adequate opportunities of learning* to read and write. 
It was never truer than now that the education of the poorest 
is the chief concern of the State. 

SCHOOL HOUSES. 

A thing to be respected must be itself respectable. The 
greatest present need in the State is school houses, adequate' 
and attractive, modern school buildings, grounds and equip- 
ment. Especially is this true in the weaker school districts in 
the parishes. Then, again, the higher scholastic institutions 
of the State, like the State University, the Normal School and 
the two Industrial Institutes, all need additional buildings to 
keep pace with their rapid development. The State could ex- 
pend to a great advantage just now a million of dollars in school 
buildings, equipment and grounds, and what an impetus it 
would give to the iause of education ! The popular sentiment 
of the State would sustain it. The State's bonded debt is but 
a little over ele^-^n millions. This is not a burdensome indebted- 
ness to a State with the resources and aggregate wealth of ours, 
and rapidly growing. Another million of bonds could well be 
added and the proceeds of the same be used to build and equip 
school houses. The State could not make a better outlay — one 
that would be richer in splendid results. 

In most of the school districts this money could be used, to 
stimulate self-help in building school houses — the State giving 
so much where the remainder was raised by means of subscrip- 
tion or local taxation. In other sections where local help would 
be impossible (these would be very few), it could be used to pay 
outright for school houses. 

A forty or fifty-year 3 per cent bond issue for a million 
dollars could likely be sold at par. Why not try it? I recom- 
mend this to the careful consideration of the General Assembly. 
With school houses erected and equipped, all the available an- 
nual school funds arising from the general State tax and from 



SCHOOL LAWS OF LOUISIANA. 9' 

local taxation would be left free to be applied directly to the 
work of teaching. 

Article 46 of the Constitution prohibits the General As- 
sembly from issuing bonds, or other evidences of indebtedness, 
except for the purpose of repelling invasion, or for the sup- 
pression of insurrection. It would seem, therefore, that a con- 
stitutional amendment would be necessary to enable the State 
to issue the million of bonds referred to. Such an amendment 
could be voted on by the people at the Congressional election 
this fall, and I do not doubt their approval of the proposition 
if submitted to them. 

If the bond issue be thought not advisable, then I recom- 
mend that a sum equal to that accruing from the rent of the 
school lands be set apart by law to be used by the State Board 
of Education to stimulate self-helr> in buiidinsr good school 
houses where they are most needed and where the people are 
least able to build such houses for themselves. This, however, 
would be an inadequate provision. 

HIGH SCHOOLS. 

While the primary schools are the necessity and founda- 
tion of our civilization, they are yet of themselves incomplete 
and insufficient. They will be strengthened and the people en- 
couraged to higher ideals and nobler living by- establishing and 
maintaining good hisrh schools in all the country parishes. I 
sugfirest, therefore, that, if possible, a special appropriation be 
made to be used by the State Board of Education to encourage 
the establishment of high schools in the country districts, and 
in towns of less than 3,000 inhabitants. 

INSTITUTE FUNDS. 

Since the public school is inefficient without trained teach- 
ers, and since the salaries hitherto paid have been wholly in- 
sufficient to justify long periods of extensive preparation for 
teaching in the rural schools, I recommend that a liberal appro- 
priation be made (as much as $10,000 annually, if possible) as 
a special Institute fund for the purpose of conducting Teachers' 
Training Schools in all sections of the State. 

PARISH SUPERVISION. 

However well the schools may be provided for with money, 
however capable the individual teachers, no organic life can be 
created in a system of public schools without competent super- 
vision. This means that all school boards should be composed 
of competent school men, and that at the head of every parish 
public school system should be placed a trained man of mind 
and heart and soul, who will be, himself, an inspiration to the 
people of his parish. Such men cannot be commanded without 



JO COMPILATION OF THE 



pay. I recommend, therefore, that the minimum salary to be 
paid the Parish Superintendent be increased to a sum that will 
give substantial encouragement to the best trained men to take 
such positions and devote their time and energies to the up- 
building of the schools 

Decidedly one of the most important things we can do is to 
secure school men for the School Board and trained men for the 
Parish Superintendents. If this be done, all else will be easy. 

STATE SUPERVISION. 

At such a time as this, when so much is expected along 
educational lines, it is urgent that the Department of Public 
Education be amply provided for. The educational enthusiasm 
with which the State is thrilling should be directed to wise and 
permanent results. The public sentiment of the State will sup- 
port the largest possible appropriations for education. 

The work of organizing and directing the educational 
forces of the whole State during the coming four years should 
be, done thoroughly and well. Assistance should be given the 
Superintendent of Public Education. For instance, a com- 
petent man, satisfactory to the State Superintendent, should 
be chosen, for two or four years by the State Board of Educa- 
tion to do the work of State Institute Conductor, an.d a salary 
be provided for him. I recommend this. The man so chosen 
should be one of known ability, with professional training and 
experience, and be under the direction of the State Superin- 
tendent. 

SCHOOL FUNDS. 

The limit of State taxation is six mills. The State Consti- 
tution directs that not less than one and one-quarter mills of 
this be set aside for school purposes. Gradually the apportion- 
ment has increased until now one and five-eighths mills of the 
six mill State tax is allotted to schools. This should be run up 
to two mills. It is believed it can be done. I earnestly recom- 
mend this to the General Assembly. If retrenchment be neces- 
sary, let it be made in some lines less sacred and important 
than the education of our children. 

But with the State doing its best to sustain the schools, they 
cannot be adequately supported on the State tax alone. Local 
taxation for school purposes in parishes and municipalities^ 
wards and school districts, must be largely relied on to lengthen 
the school term to eight or nine months in the year. Every en- 
couragement to local taxation should be given. I recommend 
this subject to taxpayers and the thoughtful people generally 
throughout the State. 

THE NEGRO AND NEGRO EDUCATION. 
The negro is here. He is a man and a citizen. He is useful 



SCHOOL LAWS OF LOUISIANA. H 

and valuable in his sphere. Within that sphere he must be ^luar- 
anteed the equal protection of the law, and his education along 
proper lines — mainly ae^ricultural and industrial — is at once a 
duty and a necessity. He must be protected in his right t(> live 
peaceably and quietly, in his right to labor and enjoy the fruits 
of his labor. He must be encouraged to industry and taught 
habits of thrift. 

No approach towards social equality or social recognition 
will ever be tolerated in Louisiana. Separate schools, sepa^'ate 
churches, separate cars, separate places of entertainment will 
be enforced. Racial distinction and integrity must be pre- 
served. But there is room enough in this broad Southland, with 
proper lines of limitation and demarkation, for the two races to 
live on teims of mutual trust, mutual help, good understanding 
and concord. The South asserts its ability to handle and solve 
the negro question on humanitarian lines — those of justice and 
right. We brook no interference from without. It is up to the 
South to so handle and solve it as to furnish no occasion for such 
interference. 

I would call attention to the fact that while provision, as 
yet inadequate, is made for the insane of the colored race in 
Louisiana, no provision is made for the education of the colored 
deaf and dumb, nor for the care and education of the blind of 
that race. Other States of the South are doing this. I recom- 
mend the subject to the careful consideration of the General 
Assembly. 



INTRODUCTION 



The laws in relation to free public schools have been re- 
modelled so frequently since last compilation, that the State 
Board of Education directed that a compilation of the laws rela- 
tive to schools be prepared and published in pamphlet for dis- 
tribution. This compilation is made in compliance with the 
Board's order. 

THE REVENUES. 

Provisions have been made to enable the local authorities 
and the people of any district to increase the revenues for 
schools. 

The present law imposes upon the Sheriffs the duty of 
making a list of poll tax payers annually — by the tenth day of 
January — and of placing it in the hands of the Assessor and 
■Clerk of the District Court. 

He is charged with the total amount of this list, and under 
the law cannot be relieved from responsibility before he has es- 
tablished satisfactorily that he has exercised due diligence. A 
failure to comply with the provisions of Act 180, of 1902, ren- 
ders said Sheriff liable to a fine of five hundred dollars, same to 
be paid to the School Board of the parish of which he is Sheriff. 

SIXTEENTH SECTIONS. 

The Parish Board of School Directors have those sections in 
•charge. The location should be established, and all questions 
relative to title in certain cases settled. The number of acres 
sold should be ascertained, and the amount due. The notes due, 
representing the purchase price of lands donated for schools, 
should be collected. 

The school boards m the several parishes should examine the 
records in the office of the Recorder of Mortgages, for the pur- 
pose of ascertaining what parts of the sixteenth section school 
lands have been sold, and to whom sold; what sales have been 
annulled, and what suits, for the collection of sixteenth section 
notes, have been filed. When this shall have been done, the state- 
ment showing the school sections in the Parish should be com- 
pared Mdth the lists in the office of the Auditor and Superinten- 
dent of Public Education, and errors, if any, corrected. 

NUMBER OF CHILDREN OF SCHOOL AGE. 

The law provides for more correct returns of the number of 
children of school age in each parish. The Assessor and Parish 



SCHOOL LAWS OF LOUISIANA. Ig: 

Superintendent are entrusted with this duty. It is important,, 
as near as possible, to ascertain the correct number, otherwise the^ 
distribution cannot be correct and just. 

THE TAXATION BY POLICE JURIES. 

The local authorities having power to levy taxes, can in- 
crease the Parish taxation for schools. Several Parishes have 
increased the taxation above the maximum heretofore establish- 
ed under the repealed law. 

COMFORT OF PUPILS. 

The school boards have the authority to assess and collect 
.for each family one dollar per annum, to provide fuel, and for 
defraying the expenses necessary for the comfort of the pupils. 
"Whenever possible, this amount should be collected and expend- 
ed in the manner proposed. 

SCHOOL HOUSES. 

It is of the utmost importance to build school houses. The 
schools will be more permanent if inviting school houses be- 
eonstructed. The law, authorizing the tax payers to tax them- 
selves to construct improvements, has been copied in this com- 
pilation. 

THE OFFICERS. 

Under the present law, the duties of the officers are clearly 
defined. The school boards are entrusted with the important; 
functions. The effectiveness of the school system depends in 
great part upon their exertion in behalf of the schools. 

The Parish Superintendent is the secretary of the board, 
and executive officer. As the executive officer, he has the super- 
vision of the different schools in charge. He should report 
their condition to the board, and see to the enforcement of the 
law, and to a thorough compliance, on the part of the teacher, 
with the duties devolved upon him. The faithful teacher has 
considerable to perform. His influence is far-reaching when his - 
duties are attended with well directed energy. The eomnmnity 
at once feels the importance of his services. The law in turn 
gives him authority over the pupils, to maintain proper dis- 
cipline. Decisions are reported in this compilation on the- 
subject. 

With good judgment and care, professional qualifications 
and considerate intelligent action on the part of the parish su- 
perintendent, well regulated schools will prove highly useful' 
and be maintained. 

INSTITUTES. 

One of the features of the law adopted during the session- 
of the General Assembly in 1904, relates to Parish Institutes^ 



14 COMPILATION OF THE 

They are organized under the direction of the Board of Institute 
Managers. The Parish Superintendent should co-operate in 
the organization of these institutes to the end that at least one 
institute be conducted in his parish each year under the pro- 
visions of the statute governing such institutes. They create 
an interest in the cause of education that will result in a better 
and more cheerful support of the schools, and in an improve- 
ment in the teachers. It unites them, creates a healthier sym- 
pathy, and organizes a teacher force that must result in general 
improvement. 

HYGIENE AND SCIENTIFIC TEMPERANCE. 

A law has been adopted relative to hygiene ; also with refer- 
ence to the effects of narcotics, and requiring lessons to be 
taught on the subject on scientific temperance in all the schools. 
This requirement is important and should be strictly observed. 

ELEMENTARY AGRICULTURE. 

The State Board has directed that the elements of agriculture 
be taught in the public schools of the State. A text-book has 
been adopted, and this subject should be gradually introduced 
and taught in the said schools. 

THE LAW IN RELATION TO FREE SCHOOLS. 

The laws, the compilation of which is now presented to all 
those feeling an interest in the free schools, have been adopted 
after due deliberation. The best enaction will be as naught, if 
not enforced with some energy. 

Energy and intelligent interest in behalf of the free schools, 
will bring about good results in a very short time. 

The free school system has been made the cherished policy 
of the State and of the general government. It devolves upon 
the citizens to assist in developing that policy, and to aid in 
maintaining a useful system of public education. 

Very respectfully, 

JAS. B. ASWELL. 



LIMITATION OF LEGISLATIVE POWERS. 



Art. 53, Con. '98. No money shall ever be taken from the 
public treasury, directly or indirectly, in aid of any church, 
sect or denomination of religion, or in aid of any priest, 
preacher, minister or teacher thereof, as such; and no prefer- 
ence shall ever be given to, nor any discrimination made 
against, any church, sect or creed of religion, or any form of 
religious faith or worship ; nor shall any appropriations be 
made for private, charitable or benevolent purposes to any per- 
son or community; provided, this shall not apply to the State 
Asylum for the Insane and State Institution for the Deaf and 
Dumb and State Institution for the Instruction of the Blind, 
and the charity hospitals and public charitable institutions con- 
ducted under State authority. 

ARTICLES OF THE STATE CONSTITUTION (1898) 
HAVING REFERENCE TO PUBLIC EDUCATION. 

Art. 230. (Educational Institutions Exempt pkom 
Taxation.) — The following shall be exempt from taxation, and 
no other, viz: All public property, places of religious worship, 
or burial, all charitable institutions, all buildings and property 
used exclusively for public monuments or historical collections, 
colleges and other school purposes, the real and personal estate 
of any library, and that of any other library association used 
by or connected with such library, all books and philosophical 
apparatus, and all paintings and statuary of any company or 
association kept in a public hall; provided, the property so 
exempted be not leased for purposes of private or corporate 
profit and income. ****** 

Art. 231. (Poll Tax of One Dollar.) — The General As- 
sembly shall levy an annual poll tax of one dollar upon every 
male inhabitant in the State between the ages of twenty-one 
and sixty years, for the maintenance of the public schools in 
the parishes where collected. 

Art. 232. (School Tax on a Vote op Property Tax-Pay- 
ers.) — The State tax on property for all purposes whatever, in- 
cluding expenses of government, schools, levees and interest, 
shall not exceed, in any one year, six mills on the dollar of its 
assessed valuation, and, except as otherwise provided in this 
Constitution, no parish, municipal or public board ta.x for all 
purposes whatsoever, shall exceed in any one year ten mills on 
the dollar of valuation; provided, that for giving additional 



IQ COMPILATION OF THE 



support to public schools, and for the purpose of erecting and 
constructing public buildings, public school houses, bridges, 
wharves, levees, sewerage work and other works of permanent 
public improvement, the title to which shall be in the. public, 
any parish, municipal corporation, ward or school district may 
levy a special tax in excess of said limitation, whenever the rate 
of such increase and the number of years it is to be levied and 
the purpose or purposes for which the tax is intended, shall 
have been submitted to a vote of the property taxpayers of each 
parish, ward or school district entitled to vote under the elec- 
tion laws of the State, and a majority of the same in nmnbers 
and in value voting at such election shall have voted therefor. 

Art. 248.) — Free Schools: For Whom; Apportionment 
OF Funds.) — There shall be free public schools for the white 
and colored races, separately established by the General Assem- 
bly, throughout the State, for the education of all the children 
of the State between the ages of six and eighteen years; pro- 
vided, that where kindergarten schools exist, children between 
the ages of four and six may be admitted into said schools. All 
funds raised by the State for the support of public schools, 
except the poll tax, shall be distributed to each parish in pro- 
portion to the number of children therein betwen the ages of 
six and eighteen years. The General Assembly, at its next 
session, shall provide for the enumeration of educable children. 

Art. 249. (State Superintendent.) — There shall be 
elected by the qualified electors of the State a Superintendent 
of Public Education, who shall hold his office for the term of 
four years, and until his successor is qualified. His duties shall 
be prescribed by law, and he shall receive an annual salary of 
two thousand dollars. The aggregate annual expenses of his 
office, including his salary, shall not exceed the sum of four 
thousand dollars. 

Art. 250. (State Board of Education; Parish Boards 
AND Officers.) — The General Assembly shall provide for the 
creation of a State Board and Parish Boards of Public Ecfu- 
cation. The Parish Boards shall elect a Parish Superintendent 
of Public Education for their respective parishes, whose quali- 
fications shall be fixed by the Legislature, and who shall be x- 
<»fficio secretary of the Parish Board. The salary of the Parish 
Superintendent shall be provided for by the General Assembly, 
to be paid out of the public school funds accruing to the re- 
spective parishes. 

Art. 251. (French ;May be Taught.) — The general exer- 
cises in the public schools shall be conducted in the English lan- 
guage; provided, that the French language may be taught in 
those parishes or localities where the French language pre- 
dominates, if no additional expense is incurred thereby. 

Art. 252. (Application op the Poll Tax.)— The funds 



SCHOOL LAWS OF LOUISIANA. 17 

derived from the collection of tlie poll tax shall be applied ex- 
clusively to the maintenance of the public schools as organized 
under this Constitution, and shall be applied exclusively to the 
support of the public schools in the parish in which the same 
:shall be collected, and shall be accounted for and paid by the 
■collecting officer directly to the treasurer of the local school 
board. 

Art. 253. (Sectarian Schools Cannot Eeceive Public 
School Funds.) — No funds raised for the support of the public 
schools of the State shall be appropriated to or used for the 
support of any private or sectarian schools. 

Art. 254. (School. Funds — Of what they Shall Consist.) — 
'The school funds of the State shall consist of: 1st. Not less 
than one and one-quarter mills of the six mills tax levied and 
•collected by the State. 2d. The proceeds of taxation for school 
purposes as provided by this Constitution. 3d. The interest 
•on the proceeds of all public lands heretofore granted or to be 
granted by the United States for the support of the public 
schools, and the revenues derived from such lands as may re- 
main unsold. 4th. Of lands and other property heretofore and 
hereafter bequeathed, granted, or donated to the State for 
school purposes. 5th. All funds and property, other than un- 
improved lands, bequeathed or granted to the State, not desig- 
nated for any other purpose. 6th. The proceeds of vacant es- 
tates falling under the law to the State of Louisiana. 7th. The 
legislature may appropriate to the same fund the proceeds of 
public lands not designated or set apart for any other purpose, 
and shall provide that every parish shall levy a tax for the pub- 
lic schools therein, which shall not exceed the entire State tax; 
provided, that with such a tax the whole amount of parish 
taxes shall not exceed the limits of parish taxation fixed by this 
Constitution. The City of New Orleans shall make such appro- 
priations for the support, maintenance and repair of the public 
-schools of said city as it may deem proper, but not less than 
^eight-tenths of one mill for one year; and said schools shall 
•continue to receive from the Board of Liquidation of the City 
Debt, the amounts to which they are now entitled under the Con- 
stitutional amendment, adopted in the year 1892. 

Art. 255. (State Univeesity and A. and M. College.) — 
The Louisiana State University and i^ gricultural and Mechan- 
ical College, founded upon land, grants of the United States to 
endow a seminary of learning and a college for the benefit of 
agriculture and mechanic arts, now established, and located in 
Ihe City of Baton Ronge, is hereby recognized; and a.ll revenues 
derived and to be derived from the seminary fund, the Agricul- 
tural and Mechanical College fund, and other funds or lands, 
donated or to be donated by the United States to the State of 
Xiouisiana for the use of a seminary of learning or of a colleg<? 



18 



COMPILATION OF THE 



for the benefit of agriculture or the mechanic arts, shall be ap- 
propriated exclusively to the maintenance and support of the 
said Louisiana State University and Agricultural and Mechani- 
cal College; and the General Assembly shall make such ad- 
<litional appropriations as may be necessary for its maintenance, 
support, and improvement, and for the establishment, in con- 
nection with said institution, of such additionnl scientific or 
literary departments as the public nec^ssi ies and the well being^ 
of the people of Louisiana may require; provided, that the ap- 
propriations shall not exceed fifteen thousand dollars per an- 
num for its maintenance and support. 

The Tulane University of Louisiana, located in New Or- 
leans, is hereby recognized as created and to be developed in 
acordance with the provisions of the legislative act No. 43, ap- 
proved Julv 5th, 1884, and by approval of the electors, made 
part of the^ Constitution of the State. (See Act 12, 1904.) 

Art. 256. (Otiik-^ State Schools.) — The Louisiana State 
Normal Scshool, established and located at Natchitoches; the 
Industrial Institute and College of Louisiana, whose name is; 
hereby changed to the Louisiana Industrial Institute, estab- 
lished and located at Ruston ; and the Southern University, now 
established in the City of New Orleans, for the education of 
persons of color, are hereby recognized; and the General As- 
sembly is directed to make such appropriations from time to- 
time as may be necessary for the maintenance, support and im- 
provement of the.se institutions; provided, that the appropria- 
tion for the maintenance and support of the Louisiana Indus- 
trial Institute shall not exceed fifteen thousand dollars per an- 
num, and that for the Southern University shall not exceed 
ten thousand. (See Act 18, of 1904.) 

Art. 257. (Interest Due the Townships.) — The debt dv.e 
by the State to the free school fund is hereby declared to be the 
sum of one million, one hundred and thirty thousand, e'ight 
hundred and sixtey-se^ven dollars and fifty-one cents in princi- 
pal, and shall be kept on the books of the Auditor and Treasurer 
to the credit of the several townships entitled to the same; the- 
said principal being the proceeds of the sales of lands hereto- 
fore granted by the United States for the use and support of 
free public schools, which amount shall be held by the State- 
as a loan, and shall be and remain a perpetual fund, on which' 
the State shall pay an annual interest of four per cent, and 
said interest shall be ]);iid to the several townships of the State 
entitled to the sfme, in accordance -with the Act of Congress, 
No. 68, approved February 15th, 1843. 

Art. 258. (Debt Due Seminary Fund.) — The debt due by 
the State to the seminary fund is hereby declared to be one- 
hundred and thirty-six thousand dollars, being the proceeds of 
the sale of lands heretofore granted by the United States to 
this State for the use of a seminary of learning, and said amount 



SCHOOL LAWS OF LOUISIANA. _ 19> 

shall be kept to the credit of said fund on the books of the 
Auditor and Treasurer of the State as a perpetual loan, and the 
State shall pay an annual interest of four per cent on said 
amount. 

Art. 259. (Debt Due A. and M. College.) — The debt due 
by the State to the Agricultural and Mechanical College fund 
is hereby declared to be the sum of one hundred and eighty- 
two thousand three hundred and thirteen dollars and three 
cents, being the proceeds of the sale of lands and land script 
heretofore granted by the United States to this State for the 
use of a college for the benefit of agricultural and mechanical 
arts; the said amount shall be kept to the credit of said fund 
on the books of the Auditor and Treasurer of the State as a 
perpetual loan, and the State shall pay an annual interest of 
five per cent on said amount. 

Art. 260. (How Interest Shall be Paid.) — The interest, 
due on the free school fund, the seminary fund and the Agri- 
cultural and Mechanical College fund, shall be paid out of any 
tax that may be levied and collected for the payment of the 
interest on the State debt. 

Art. 261. (School Books for Indigent Pupils.) — All 
pupils in the priihary grades in the public schools throughout 
the Parish of Orleans, unable to provide themselves with the 
requisite books, an affidavit to that effect having been made by 
one of the parents of such pupils, or if such parents be dead^ 
then by the tutor or other person in charge of such pupils, 
shall be furnished with the necessary books, free of expense, ta 
be paid out of the school fund of said pa.rish; and the School 
Board of the Parish of Orleans is hereby directed to appro- 
priate annually not less than two thousand dollars for the pur- 
'pose named, pro^.'id-^^ «nch smount be needed. fSee Act 55- 
of 1902.) 

Art. 60. (Establishment of Additional Educational. 
OR Charitable Institutions.) — No educational or charitable 
institution, other than the State institutions now existing, or 
expressly provided for in this Constitution, shall be established 
by the State except upon a vote of two-thirds of the members: 
elected to each House of the General Assembly. 

Art. 210. (Eligibility to Office.) — No person shall be 
eligible to any office, State, judicial, parochial, municipal or 
ward, who is not a citizen of this State, and a duly qualified 
elector of the State, judicial, district, parish, municipality or 
ward, wherein the functions of said office are to be performed. 
And whenever any officer. State, judicial, parochial, municipal 
or ward, may change his residence from this State, or from the- 
district, parish, municipality or ward in which he holds such 



20 COMPIIv^TION OF THE 

office, the same sHall thereby be vacated, any declaration of re- 
tention of domicile to the contrary notwithstanding:. 

Note. — This is held not to apply to the parish superintendent and 
ex-officio secretary of tlie Parish School Board. ) 

Art. 235. (Inheritance Tax for Public Schools.) — The 
Legislature shall have power to levy, solely for the support of 
the public schools, a tax upon all inheritances, legacies and 
donations; provided, no direct inheritance, or donation, to an 
ascendant or descendant, below ten thousand dollars in amount 
or value shall be so taxed; provided further, that no such tax 
shall exceed three per cent for direct inheritances and do- 
nations to ascendants or descendants, and ten per cent for col- 
lateral inheritances, and donations to collaterals or strangers; 
provided, bequests to educational, religious or charitable insti- 
tutions shall be exempt from this tax. 

Art. 236. The tax provided for in the preceding article 
shall not be enforced when the property donated or inherited 
shall have borne its just proportion of taxes prior to the Linnj 
of such donation or inheritance. (See Act 45, 1904.) 



GENERAL PROVISIONS. 



Act 83 of 1904. (Proposed Amendment to Constitution" 
TO Issue $1,000,000 Bonds for Educational Purposes — 
Amending Article 46 of '98.) 

Section 1. Be it resolved by the General Assembly of the 
State of Louisiana, two- thirds of all the members elected to 
each House concurring : That an amendment to the Constitution 
of the State of Louisiana be submitted to the qualified elec- 
tors of the State for their approval or rejection at the Con- 
gressional election to -be held on the first Tuesday next fol- 
lowing the first Monday in November, 1904, amending Article 
4(3 of the Constitution so as to read as follows: 

Article 46. The General Assembly shall have no power 
to contract, or to authorize the contracting of, any debt or lia- 
bi)-iiy, on behalf of th,- State; or to issue bonds or other evi- 
dence of indebtedness thereof, except for the purpose of re- 
pelling invasion, or for the suppressing of insurrection; pro- 
vided, that for the purpose of acquiring school sites, and the 
purchase ur erection of school houses and buildings and their 
equipment, in aid of the State's system of public education, the 
General Assembly, elected, in April, 1904, is given authority to 
issue and direct the disposition of one million dollars of bonds 
of the State, running for a period not exceeding twenty-five 
years from the date of their issue, bearing a rate of interest not 
exceeding three per cent per annum, payable semi-annually, 
which bondfc shall be exempt from all taxation, and in order to 
render this exemption the more effectual, the par value of any 
such bon-ls sliall be deducted for all purposes of taxation frorn 
the aggregate value of the capital or shares of any bank or 
other financial institution, or corporation holding said bonds for 
a period of over six months prior to the first day of January,, 
in the year for which the tax assessment is made. 

Section 2. Be it further resolved, That the official ballots 
to be used at said election shall have printed thereon the 
words : "For the proposed amendment to Article 46 of the Con- 
stitution, relative to bonds in aid of the State's system of public 
education," and the Tvords : "Against the proposed amend- 
ment to Article 46 of the Constitution, relative to bonds in aid 
of the State's system of public education;" and each elector 
shall indicate, as provided in the general election laws of the 
State, whether he votes for or against the proposed amendment. 

Act 219 of 1904. (Bond Issue, Enabling Act?)' 

Section 1. Be it enacted by the General Assembly of the> 
State of Louisiana, That the Governor is hereby authorized to- 



22 COMPILATION OF THE 

have pr(?j:)aied bonds of the State of Louisiana to the amoimt 
of one million dollars, of the denomination of one thousand dol- 
lars each, payable in Twenty-five years from the date of issue, 
bearing three per cent per annum interest which shall be pay- 
able out of the interest tax fund on the first day of January 
and July of each year, at the offices of the State fiscal agents in 
the cities of New Orleans and New York, or elsewhere. 

Sec. 2. Be it further enacted, etc.. That the said bonds, 
after thirty days' advertisement in New Orleans and New York, 
shall be sold to the highest bidder by the Board of Liquidation 
of the State debt at not less than par, and the proceeds thereof 
shall be deposited with the State Treasurer to the credit of the 
State Board of Education. 

Sec. 3. Be it further enacted, etc.. That said bonds when 
sold shall constitute a contract between the State of Louisiana 
and the holder or holders thereof, which shall never be impaired, 
and for the payment of the principal and interest of said bonds, 
the faith and credit of the State of Louisiana is hereby inviol- 
ably pledged. 

Sec. 4. Be it furiher enacted, etc.. That said bonds shall be 
exempt from all taxation and the par value of any such bonds 
shall be deducted for all purposes of taxation from the aggre- 
gate value of the capital or shares of any bank or other finan- 
cial institution or corporation holding said bonds for a period 
of more than six months prior to the first day of January in the 
year for which any assessment for taxation may be made. 

Sec. 5. Be it further enacted, etc., That all banks organized 
"under the laws of Louisiana are hereby authorized to compute 
as part of their reserve fund required by law, any investment 
held by them in said bonds up to one-tenth of the twenty-five 
per cent reserve now required by law, such bond investment to 
be apportioned to said reserve fund at the rate of two-fiftieths 
thereof to the item or cash on hand, and three-fiftieths to the 
amount required by law to be in other banks. 

Sec. 6. Be it further enacted, etc., That the State Board 
of Education of Louisiana shall expend the proceeds of the sale 
of the said bonds, for the purposes set forth in the constitutional 
amendment authorizing this issue of bonds, and in accordance 
with Article 248 of the Constitution, under such rules, regula- 
tions and conditions as may be fixed by the State Board of 
Education. 

Sec. 7. Be it further enacted, etc., That this Act shall lake 
effect only in the event of the adoption of the amendment to 
Article 46 of the Constitution proposed by the General Assein- 
bly at this session to be submitted to the voters at the next presi- 
dential election to be held in November, 1904. 

Act No. 12 of 1904. (Proposed Amendment to the Con- 
stitution TO Remove Restrictions on Appropriation for Lou- 
isiana State Universtty and A. and M. College.) 



SCHOOL LAWS OF LOUISIANA. 23 

Article 255. The Louisiana State University and Agricul- 
tural and IMeclianical College, founded upon the land grants of 
the United States to endow a seminary of learning and a college 
for the benefit of agriculture and the mechanic arts, now es- 
tablished and located m the City of Baton Rouge, is hereby 
recognized; and all revenues derived and to be derived from the 
Seminary fund, the Agricultural and Mechanical College fund, 
and other funds or lands donated or to be donated by the United 
States to the State of Louisiana for the use of a seminary of 
learning or of a college for the benefit of agriculture or the me- 
"Chanic arts, shall be appropriated exclusively to the maintenance 
and support of said Louisiana State University and Agricultural 
and Mechanical College: and the General Assembly shall make 
■such additional appropriations as may be necessary for its main- 
tenance anc support ciiid improvement, and for the establish- 
ment, in connection with said institution, of such additional 
•scientific or literary departments as the public necessities and 
the well-being of the people of Louisiana may require. 

The Tulane University of Louisiana, located in New Orleans, 
is hereby recognized a^ created and to be developed in accordance 
with the provisions of the legislative act, No. 43, approved July 
5, 1884, and by approval of the electors, made part of the Con- 
stitution of the State. 

Sec. 2. Be it further resolved, etc., That said proposed 
amendment be submi+ted to the electors of the State of Louis- 
iana for their approval or rejection, as required by Article 321 
•of the Constitution of Louisiana, and the general election laws 
■of the Stale, at the Congessional election to be held in this State 
in November, 1904. 

Act 18 of 1904. (Proposed Amendment to the Consti- 
tution TO Remove Restrictions on Appropriations to Louis- 
iana Industrial Institute Located at Ruston^ La.) 

Section 1. Be it resolved by the General Assembly of the 
State of Louisiana, two-thirds of all the members elected to 
each House concurring. That Article 256 of the Constitution of 
the State of Louisiana, be amended and re-enacted so as to read 
as follows : 

Article 256. The Louisiana State Normal School, estab- 
lished and located at Natchitoches; the Industrial Institute and 
'College of Louisiana whose name is hereby changed to the Lou- 
isiana Industrial Institute, established and located at Ruston, 
and the Southern Uni'/ersity, now established in the City of New 
Orleans, for the education of persons of color, are hereby recog- 
nized; and the Genera: Assembly is directed to make such appro- 
priations from time to time as may be necessary for the main- 
tenance, support and improvement of these institutions; pro- 
Tided that the appropriation for the maintenance and support 
of the Southern University shall not exceed ten thousand dollars 
per annum. 



24 



COMPILATION OF THE 



Section 2. Be it turther resolved, etc., That said proposed 
amendmeni be submitted to the electors of the State of Louis- 
iana for their approval or rejection, as required by Article 321 
of the Constitution of Louisiana and the g-eneral election laws- 
of this State, at the Congressional election to be held in this-. 
State in November, 1904. 

Act 55 of 1902. (School Books for Indigent Pupils.) 

Section 1. Be it ;-nacted, etc., That the Board of Directors: 
of the public schools for the Parish of Orleans shall appro- 
priate annually not less than the sum of two thousand dollars, or 
as much thereof as may be needed for the purchase of school 
books to be used for pupils in the primary grades of the public: 
schools of the Parish of Orleans. 

Section 2. Be it further enacted, etc.. That said Board of 
Directors shall furnish school books to all pupils in the primary 
grades in the public schools throughout the Parish of Orleans^ 
who are unable to provide themselves with the requisite books. 
In order to obtain such books for pupils who are unable to pro- 
vide themselves with same, it shall be necessary for parents or 
guardians of such children to make written application to said 
Board through the principals of schools or to the Superinten- 
dent to that effect, on forms to be provided by said Board; and 
it shall be also necessarv for such parents or guardians to attest 
said application before any public authority, authorized to ad- 
minister oaths, or befcr^_' the said Superintendent, or before the 
principal of scjiools, \A'ho are hereby authorized to receive and 
administer such attestations. 

Act 123 of 1904. (Proposed Amendment to the Con- 
stitution Relative to Increase of Salary' of the State Sup- 
erintendent OP Pltblic Education.) 

Section 1. Be it resolved by the General Assembly of the- 
State of Louisiana, two-thirds of all the members elected to each 
House concurring, That Article two hundred and forty-nine- 
(249) of the Constitution of the State of Louisiana, be so 
amended as to read a=; follows :. 

Article Two Hundred and Forty-Nine (249) : There shall 
be elected by the qualified electors of the State a Superinten- 
dent of Pi'blic Education, who shall hold his office for the terra^ 
of four years, and until his successor is qualified. His duties 
shall be prescribed by law, and he shall receive an annual salary 
of three thousand dollars. The aggregate annual expense of 
his office, including his salary, shall not exceed the sum of four 
thousand dollars. 

Section 2. Be it further resolved, etc.. That this proposed 
amendment shall be submitted to the qualified voters of the 
State for adoption or rejection at the Presidential and Con- 
gressional election to })p held in November, 1904, and that if 
adopted, the same shall take effect on the first day of January^ 
1905. 



SCHOOL LAWS OF LOUISIANA. 25 

Sectioti 3. Be it further resolved, etc., That on the official 
ballots to be used at said election there shall be placed the words'. 
"For the proposed amendment to Article 249 of the Constitu- 
tion of the State of Louisiana" and the words "Against the pro- 
posed amendment to Article 249 of the Constitution of the State 
of Louisiana," and each elector shall indicate as provided in 
the general election laws of the State, which of the propositions; 
"for" or "against" ho votes for. 

(State and Parish Boares Exempt from Furnishing Bonds- 
IN Suit, S. 4, A. 82, 73.) — In all judicial proceedings where, by 
law, bond and securiiy are required from litigants, the State- 
Board of Education shall be dispensed from furnishing bond 
or security ;, and in all suits in which the State or parish board 
of education may be plaintiffs, defendants, intervenors, garni- 
shees, or interested in any manner whatsoever, it shall be the- 
duty of the court before whom such suits are pending, on the 
affidavit of the attorney representing the State or parish board 
of education, if the case is one of serious public interest and in 
which a speedy decision is desirable, to set the cause for trial by 
preference^ and all suoli cases may also be fixed for trial as early 
as possible on motion or petition of the attorney of the State or 
parish board of education. 

(State Superintendent to Appoint Attorneys in Cebtaust 
Cases, S. 7, A. 122, 74 )— The Superintendent of Public Educa- 
tion may appoint a person of legal attainments in each school 
division (parish) of the State, to examine notes due and other 
assets arising out of purchase of lands granted to educational 
purp-3S8s; to recover lands improperly held and revenues di- 
verted, and generally protect the school interests in matters ap- . 
pertaining thereto. He (the attorney) shall be paid a commis- 
sion on moneys recovered, not exceeding ten per cent, and on 
the value of lands and other property recovered, not exceeding^ 
live per cent. 

(Restrictions on Contracts and Debts, S. 73, A. 81, 88.)- — 
That the different boards of directors shall not be empowered 
to make contracts or debts for any one year greater than the 
amount of revenue provided for according to this act, it being 
the intent hereof that parties contracting with said board shall 
take heed that due revenue shall have been provided to satisfy 
the claim, otherwise they may lose and forfeit the same, and no 
'action or execution shall be allowed in aid thereof, and that the 
board shall not exceed their powers in incurring the debt. 
Act 158, 1904. (Accepting and Regulating Donations.) 
Section 1. Be it (^nacted by the General Assembly of the 
State of Louisiana, That the Board of Education for the State 
of Louisiana; the Board of Directors of the public schools of 
each and every parish of the State, the Parish of Orleans in- 
cluded, shall have the power to accept and administer donations-- 
mortis cwi.'^a or inter vivos for any educational or literary pur- 



26 COMPILATION OF THE 

pose whatscever, and it shall be lawful for any one to make such 
a donation of any desr^ription of- property, and to any amount 
to any one or more of such Boards. 

Sec. 2. Be it further enacted, etc., That the donor shall 
liave the right to prescribe the manner in which the property 
shall be administered, and the objects to which it or any part 
thereof, or the revenues thereof, shall be applied ; provided, how- 
ever, that property donated, cannot be made inalienable, but the 
donor thereof shall have the right to prescribe in M^hat manner, 
and under what circumstances, the donees shall be empowered 
to sell the same, or any portion thereof, or to change any invest- 
ment once made. 

y<'c. 3. Be it funher enacted, etc.. That said Board or 
Boards shall administ^^r the property entrusted to them in con- 
formity with the directions contained in the act of donation, 
and shnll Jiave all the powers needed in such administration, 
but cannot mortgage nor encumber the donated property, ex- 
cept as may be prescribed in the act of donation. The said 
Borird or I'oai-ds shall be entitled to no renumer.-itio i for Lh?ir 
services, unless expressly granted in the act of donation. 

Sec. 4. Be it further enacted, etc., That the provisions of 
the laws of this State, relative to substitutions fidei commissa 
and trusts shall not be deemed to apply or affect donations made 
for the purposes and jn the manner provided in this act, and 
all laws or parts of laws conflicting with the provisions of this 
act be, and the same are hereby repealed in so far as regards the 
purposes of this act, but not otherwise. 

(Reports of State and Parish Boards and Officers, S. 1, 
A. 36, 94.) — In addition to the biennial reports now required 
by law from State and district boards, the State and district 
officers, or other persons receiving or disbursing State or district 
funds, said boards, officers and persons shall render, in writing, 
to the State Auditor, semi-annual itemized detailed reports, 
whinh in ciisc of the report of a board or its reprc-siMitativi's, si all 
be signed by the president and secretary of the board, showing 
the several sums received and from what source, and the several 
sums disbursed and for what purpose and to whom paid, the 
said reports to be made on or before the first days of June or 
December of each year ; and in the event of the failure so to do 
on the part of any board or district officer or other person above 
named, the Auditor shall report the delinquency to the Gover- 
nor within fifteen da.-vs after said failure, who shall be author- 
ized thereupon, to remove from office the members of said board, 
or district officer or other person as for cause, unless it may be 
made to appear to the satisfaction of the Governor, that said 
failure or delinquency occurred from unavoidable or excusable 
causes. 

(Concerning Officcfs, S. 2, A. 36, 94.)— All parish boards 
and parish officers having in charge the. reception of, or disburse- 



SCHOOL LAWS OF LOUISIANA. 27 

ment of, public funds shall make semi-annual itemized, detailed 
accounts as required above to the Clerk of Court of the respec- 
tive parishes, under the forms, conditions and penalties enum- 
erated in Section 16 of this act. 

(Penalties for Non-Compliance, S. 3, A. 36, 94.) — In ease 
any salaried officer of the State failing to file with the Auditor 
of Public Accounts serai-annual itemized, detailed acounts, as 
provided in the sixteenth section of this act the Auditor shall, 
within fifteen days thereafter, furnish to the Treasurer of the 
State, a certificate to that effect and thereafter it shall be illegal 
for the Auditor to audit any warrant of said officer for salary, 
or the Treasurer to pay the same, until such time as the delin- 
quent officer shall have complied with the foregoing provisions. 

(Power of the District Board in Expropriations, S. 1492, 
R. S. 1904.) — When land shall be required for the erection of a 
school house or for enlarging a school house lot, and the owner 
refuses to sell the same for a reasonable compensation, the Dis- 
trict Board of School Directors shall have the power to select 
and possess such sites embracing space sufficiently extensive to 
answer the purpose of school house and ground. 

(Expijoprtation op Property for Public School, Act 96, 
of 1896.) — Be it enacted by the General Assembly of the State 
of Louisiana, that Section 1479 of the Revised Statutes of the 
State of Louisiana be amended and re-enacted so as to read as 
follows : 

Whenever the Stave or any political corporation of the same, 
created for the purpose of exercising any portion of the govern- 
ment powers in the same, or the Board of Administrators of any 
Charity Hospital or any Board of Public School Directors there- 
of, or any corporation constituted under the laws of this State 
for the construction of a railroad, plank road, turn pike, road or 
a canal for navigation oi for the purpose of transmitting intelli- 
gence by magnetic telegraph, cannot agree with the owner of any 
land which may be wanted for its purchase, it shall be lawful for 
such State Corporation or Board to apply, by petition, to the 
District Court in which the same may be situated; or, if it ex- 
tends into two districts, to the Judge of either District Court in 
which the owner resi<i.es: and if the owner does not reside in 
either district, then to either of the District Courts, describing 
the lands necessary for the purposes, with a plan of the same and 
a statement of the improvements thereon, if any, and the name 
of the owner thereof, if known, at present in the State, with a 
prayer that the land bo adjudged to such State, corporation or 
board upon payment to the owner of all such damages as he may 
sustain in consequence of the expropriation of his lands for such 
public works ; all claim.s for land or damages to the owner caused 
by its taking or expropriation for such public works shall be 
barred by two (2) years prescription,, which shall commence to 



2s COMPILATION OF THE 

run from the date at v.'hich the land was actually occupied and 
used for the construction of the works. 

See. 2. Be it further enacted, etc., That all existing laws 
for the forms and process of expropriation of property shall be 
applicable to the said section as thus amended and re-enacted. 

(Relative to the Value of the Grounds, S. 1493, R. S. 
1904.) — Should such land holder deem the sum assessed too 
small, he shall have the right to institute suit before any proper 
judicial tribunal for his claim ; but the title shall pass from him 
to trie school corporation. 

(PeNxVlty for Non-Performance of Duty, S. 1300, R. S. 
1904.) — A failure on the part of any district, parish or State 
officer to perform the duty imposed upon him by any section 
of this act, under the title, "Education," and in the manner 
herein specified, is hereby declared a misdemeanor in office. Up- 
on conviction thereof, such officer shall be punished by a fine not 
less than fifty, and not exceeding one hundred dollars, and by 
imprisonment in the parish prison for a term of not less than 
thirty days, and not exceeding three months. All prosecutions 
for offenses against tlris section shall have precedence over all 
cnsi's l)el'(iri any justice of the peace, parish or district court. 

(Sale Y/hich Cak be Made by the Land Register, Act 
316, 55.) — It shall be lawful for the Register of the State Land 
Offi.ce to sell, at the prica stipulated by law, to any Board of Free 
School District Directors of this State, any amount, not less than 
five acres, of any land within their school district, donated by 
Congress to this State, cither for the use of a seminary of learn- 
ing, or for tlie purpose of internal improvement, on which ti> 
erect a school house. 

(How Located, S. 2947, R. S. 1904.)— Any land so sold 
shall commence in the corner of a legal division or sub-divisions 
of sections ; and if in a i ight angle, it shall be run an equal dis- 
tance on two sides, bounded by the line of such division, and 
form a scjuaie including the number of acres sold; if in an acute 
angle, it shall be bounded by said division lines to such dis- 
tance, and by lines in such other directions as the Register may 
deem most equitable between the land so sold and that retained ; 
the patents for lands so sold shall issue to the free school di- 
rectors and their successors, for the use of their district schools, 
setting forth the niunber, and of what parish. 

(Reservation of School Lands, Act 316, 55.) —The Regis- 
ter of the State Land Office is required to ascertain in what 
township in this State there are no reservations of school sec- 
tions by reason of conflicting claims or from any other cause, 
or where the reservation is less than contemplated by law; and 
in siicli r-ns's it is made his duty under the superintendence of 
the Governor, to apply for, and as soon as possible, obtain a lo- 
cation of any land or part of land in lieu thereof. 

(Scripts Should ISf^uE Only When Lccations Cannot be 



SCHOOL LAWS OF LOUISIANA. 29 

Made, S. 2S52, R. S. 1904.)— When such locations cannot be 
made, if deemed more advantaa^eons to the State, the itegnster. 
with the assent of the Federal Government, is authorize.! to 
issue script for such hinds, which script shall not i3e sold ^ov a 
less amount than one dollar and twenty-five cents per acre. 

( Exemptions from Jury Duty, S. 2, A. 89, 94.) — The fol- 
lowing persons shall be exempted from serving as jurors, but 
the exemption shall be personal to them, and when they do not 
themselves claim the exemption it shall not be sufficient cause 
for challenging any person exempt under the provisions of 
this act. * * * The Governor, Lieutenant Governor, State 
Auditor, State Treasurer, Secretary of the State, Superinten- 
dent of Public Education, their clerks and employees, and all 
public officers, commissioned under the authority of the United 
States. * * * professors and school teachers while em- 

( Guaranty Company's Bonds, Act 71, '04.) — Be it enacted 
by the General Assembly of the State of Louisiana, That all 
Guaranty, Fidelity, Surety and Bond Companies doing business 
in this State shall deposit with the State Treasurer either in 
money. United States or State, Levee District, or approved muni- 
cipal bonds of the State, or the bonds of any other State of the 
United States, the bonds or stock of any city of the first or 
second class under the latest Federal census, or the bonds of any 
first-class railroad or railroad system, commanding not less than 
par at the time of the deposit, this approval to be by the Sec- 
retary of State, the value of said deposit to be maintained, the 
sum of at least ($50,000.00) thousand dollars, to be held subject 
to any claim, liens or judgments that may be judicially ob- 
tained against them in the courts of this State, or the Federal 
Courts in this State, or arising from any contract of insurance, 
or indemnity, or fidelity, of guaranty entered into in this State, 
and to be liable to seizure and sale at the instance of any judg- 
ment creditor of such companies, under judgment obtained in 
any of the courts of this State or of the Federal Courts in this 
State against them. 

Section 2. Be it further enacted, etc., That any company 
failing to deposit such sum on or before the first day of Jan- 
uary, 1905, shall forfeit its right to do any business in this State, 
and the Secretary of State shall revoke its authority to do any 
further business. And any company doing business in this 
State after such revocation of authority by the Secretary of 
State shall be liable to all fines and penalties that now attach 
by existing laws to companies doing business in this State with- 
out proper authority. 

Section 3. Be it further enacted, etc.. That whenever any 
of the said companies desire to withdraw from doing business in 
this State it. shall be permitted to do so upon furnishing the 
Secretary of State with satisfactory proof that it has paid and 



30 COMPILATION OF THE 

settled all claims against it on risks incurred in this State and 
shall then be permitted to withdraw any sums or bonds that it 
may have deposited under the provisions of this Act; provided, 
that for the purposes of said withdrawal, the Secretary of State 
shall not require evidence of the formal cancellation of th3 
bonds of public officials, but shall accept the quietus issued to 
said official and in cases where no quietus issues under the law, 
the lapse of one year from the officer's term of office shall for 
the purpose of this withdrawal be tantamount to a quietus. 

Section 4. Be it further enacted, etc.. That this act shall 
take effect from and after the first day of January, 1905, and all 
laws or parts of laws in conflict with or inconsistent therewith 
be and the same are hereby rejjealed. 

STATE BOARD OF EDUCATION. 

(State Board op Education and General Provisions, S. 
1, A 214. "02.) — The Governor, Superintendent of Public Edu- 
cation and the Attorney General, together with seven citizens 
appointed by the Governor, one from each Congressional District 
of the State, shall be a body politic and corporate by the name 
and style of the Board of Education for the State of Louisiana, 
with authority to sue and defend suits in all matters relating to 
the public schools. The above specified seven citizens 
shall receive, as conqiensation for their services in at- 
tending the meetings of the board, their actual traveling ex- 
penses and per diem for the number of days that the board is 
in session, the same as members of the State Legislature, payable 
on their warrants, approved by the president and secretary of 
the board, out of the current school fund. 

(Officefs and Tiinir- of Meeting, S. 2, Act 167, '04.) — The 
Governor shall be ex-officio the President, and the State Superin- 
tendent, Secretary. The State Superintendent shall be authorized 
to appoint an assistant: secretary whose salary shall not exceed 
twelve hundred dollars ($1,200) a year, to be fixed by the Board, 
payable monthly on the vv-arrant of the State Superintendent of 
Public Educntion. The Board shall meet on or before the firsC 
Monday in December of each year, and at other times when 
called by the State Superintendent of Public Education. The 
acts of the Board shall be attested by the signatures of the Pres- 
ident and the Secretary of the Board. All papers, documents, 
and records appertaining to the Board shall be filed by the Sec- 
retary in the office of the State Superintendent of Public Edu- 
cation. The State Superintendent may publish, if he sees fit, 
or at the request of the Board, the proceedings of the State Board 
of Education in the official journal of the State, or in an official 
pamphlet. 

(Duties and Powers; Appoint School Directors; Text- 
Books, S. 3, A. 214, '02.)— The State Board of Education shall 



SCHOOL LAWS OF LOUISIANA. 




appoint for each parisli in the State, except the Parish of Or- 
leans, a Board of School Directors consisting of not less than 
one member for each ward in the parish, provided that no parish 
shall have less than five directors. They shall be citizens of thi> 
parish possessed of the requisite scholastic and moral qualifica- 
tions for their important office. The Governor shall issue a com- 
mission to each of said directors. The State Board of Education 
shall prepare rules, by-laws and regulations for the government 
of the public schools of the State, which shall be enforced by the 
parish superintendents and the several school boards, and shall 
give such directions as it may see proper as to the branches of 
study which shall be taught. The State Board shall strictly en- 
force a uniformity of text books in all the public schools, and 
shall adopt a list thereof, which shall remain unchanged for four- 
years after such adoption. For satisfactory reasons shown ta 
said Board, it may change said list or adopt a list generally pre- 
ferred by teachers and parents in certain localities, maintain- 
ing as far as possible a uniformity of text books, and without 
placing parents and guardians to further expense. The adoption 
of such list and apparatus shall be by contract to the lowest bid- 
der subject to the change aforesaid, and to the best advantage 
as to cost to pupils. 

(May Require Reports of Parish Superintendents, S. 4,. 
A. 214, '02.) — The State Board of Education may require re- 
port to be made by the parish superintendent whenever the in- 
terest of the common schools indicate the necessity of other re- 
ports than now required. 

(Term op Office-, Parish Offcees, S. 5, A., 214, '02.) — 
The term of office of the members of the parish school boards 
and of the parish superintendents shall be for four years from 
the time of their appointment. If a vacancy occurs, the unex- 
pired term shall be filled as hereinbefore provided. These offi- 
cers shall take the usual oath of office, which oath shall be filed in 
the office of the State Superintendent of Public Education. 

(Removal for Neglect of Duty or Malfeasance in Of- 
fice, S. 6, A. 214, '02.) — For incompetency, neglect of duty, or 
malfeasance in office, the Oovernor may remove a member or 
members of the parish boards of school directors, subject to the 
ratification of the State Board of Education. 

(School Boards Bodies Corporate, S. 7, A. 214, '02.) — 
The several school boards are constituted bodies corporate, with 
power to sue and be sued under the name and style of the "Par- 
ish Board of Directors of the parish of , ' ' as the case 

may be. Citations shall be served on the President of the Board. 

PAPJSH SCHOOL BOARDS. 

(Duty and ^\i;thoeity op Parish Boards, S. 8, Act 167, 
'04.)- The parish boards of directors shall elect from among- 



on COMPILATION OF THE 

their number a presiclenL They shall elect or appoint for a term 
of four vears ;i parish s^uperintendent, who shall be ex-officio sec- 
i-etaiy of the l^oai'd. Pie shall be a person of high moral char- 
actei% and a }u'a('tical educator. They are authorized to appoint,, 
■in their discretion, auxdiary visiting' trustees for each ward or 
school district, or school in the parish ; such trustees shall make 
<luartorly reports ru tlie parish boards of the actual conditioti 
of the schools, and shal: rjake needful suggestions in all mattera 
relating to ih.e schools they have in charge as trustees. The par- 
ish board of directois shall report to the State Board of Educa- 
tion all d( fici'mcies in th(- schools, or neglect of duty on the part 
of teachers, superintendent or other officer. They shall visit and 
examine ihe schools in the several school districts of the parisli 
from time to time, and Ihey shall meet and advise with the trus- 
tees when occasion i-equires, iT auxiliary trustees be appointed by 
the parish board. Thov shall determine the number of schools to 
1k' opi-ned, the location of the school houses, the number of teach- 
ei-s to be emi)loyed.. and their salaries; and the said school board 
is entrust'-d with, seeing that the provisions of the State school 
law ar(^ complied witli. They shall make such rules and by-laws 
for fcheir owji i:overnment, not inconsistent with the State school 
law, as thf'V may deem proper. The regular meeting of each par- 
ish board shall be held on the first Saturday of January, April, 
July and Octob(V, and it may hold such special or adjourned 
Taeetings as the board may determine or as occasion may require. 
Each member shall receive payment for his attendance at board 
meetings, provided that the amount of such payment be not fixed 
by the said board at more than three dollars a day for the day or 
number of da;,-s iji wliit^li the board is in actual session; provideJ, 
also that mileage not to exceed five cents per mile may be allowed, 
to be computed upon tlie shortest distance from the directors^' 
liomes to tlte place of rieeting of the board. The school board 
shall exerci-e i>rop( r vigiiance in securing for the schools of the 
parish all fnnds destined for the support of the schools, includ- 
ing the State fund appoi'tioned thereto, the poll tax collectible, 
and all other i'uuds. The secretary shall keep a record of all 
ti-ansact'ons and proceedings. The school board may receive 
lauds by purchase or donation, for the purpose of erecting a 
schoul house, provide for and seciire the erection of the same, con- 
struct such out-lnnjdin<!s and enclosures as shall be conductive to 
the prote(!tioa of I'T'operty, make repairs and nrovide the neces- 
-sary furnitiu'e, e(|uipni(^nts and apparatus. All contracts for im- 
provements shal' be to the lowest responsible bidder, the board 
reserving the rigid to reject any and all bids. They shall have 
the power to recover for any damages that may be done to tlie 
property in their charge: they may, by a two-thirds vote of th-> 
whole board, after due notice, change the location of the school 
lionse, seli or dispone of the old site, and use the proceeds thereot 
"towards in-ocaring a new one. 



SCHOOL LAWS OF LOUISIANA. 33 

(Removal of Parish Superintendent, S. 9, Act 167, '04.) 
— For incompetency, neglect of duty, or malfeasance in office, 
the parish board of school directors may remove the parish 
superintendent, subject to an appeal to the State Board of Edu- 
cation, provided this appeal be taken within ten days after has 
removal. The appeal shall not have the effect of suspending the 
board's action of removal during its pendency; but the parish 
•superintendent shall be reinstated if the State Board of Educa- 
tion decides that he was removed without cause, and reverse the 
decision of the parish school board. 

(Attorney of Parish Board, S. 10, A. 214, '02.)— The Dis- 
trict Attorney of the district or any other attorney selected by 
the board, shall act as counsel for the parish board. 

(Establishment of High and Graded Schools; Assess- 
ment OF One Dollar, S. 11, A. 214, '02.) — The parish school 
board shall have authority to establish graded schools, and to 
adopt such a system in that connection as may be necessary to 
assure their success; central or high schools may be established 
when necessary. The ordinances establishing such schools 
adopted bj^ the parish school boards shall be submitted to the 
State Board of Education, and no high school shall be opened 
without its sanction; and no such school shall be established 
unless the amount be donated for the site, and suitable buildings 
are provided for without any expense out of the school fund; 
provided, that the board of directors of the Parish of Orleans 
shall not require the sanction of the State Board for the pur- 
poses aforesaid. The school boards shall have authority to assess 
and collect one dollar per annum on each family, surviving 
parent or guardian, who actually sends a child or children, to the 
public schools of the district, to be collected in such manner as 
said board shall determine, which amount shall be used in pro- 
viding the school house with fuel and defraying the necessary 
-expenses for the comfort of the school. 

(Duties President Parish Board, S. 24, A. 214, '02.)— The 
president of the parish board shall preside at all the meetings of 
the board, call special meetings when necessary, advise with and 
assist the parish superintendent and directors in promoting the 
success of the schools, and generally do and perform all other 
acts and duties pertaining to his office as the president of the 
board. All deeds and contracts for the schools, including those 
with teachers shall be signed by him ; the contracts with teachers 
shall also be signed by the parish superintendent. (See de- 
cision on president's contracts.) 

(Contracts with Sectarian Schools Prohibited, S. 14, 
Act 214, '02.) — The parish boards of directors of the several par- 
ishes of this State are prohibited from entering into any con- 
tract, . agreement, understanding, or combination, tacitly or ex- 
pressly, directly or indirectly, with any church, monastic or other 
Teligious order or association of any religious sect or denomina- 



34 



COMPILATION OF THE 



tion whatsoever, or with the representatives thereof, for the pur- 
pose of running any public school or schools of this State, to- 
gether or in connection or in combination with any private or 
parochial school, or other institution of learning which may be- 
imder the control, authority, supervision, administration "or man- 
agement of any church, monastic or other religious order or as- 
sociation of any religious sect or denomination whatsoever. 

(Division of Parish Into Districts, S. 15, Act 214, '02.) — 
It shall be the duty of the parish l^oard with the parish superin- 
tendent to divide the parish into school districts of such proper 
and convenient area and shape as will best accommodate the 
children of the parish. The parish board shall as soon as practi- 
cable proceed to the work imposed upon them, and upon com- 
pletion of this work they shall make a report to the parish super- 
intendent, which report shall contain the boundary an^ descrip- 
tion of said district designated by number. The parish superin- 
tendent shall record the same in a well bound book kept by him 
for the purpose, which book shall be held by said parish super- 
intendent, and be at all times open to inspection. Parish boards,, 
if they deem it to the best interest of the schools, may divide the 
parish into districts without reference to the wards in the parish. 

(School DiSTRrcTS in Two Adjoining Parishes; How Laii> 
Off, S. 16, Act 214, '02.) — The parish superintendents of two- 
ad.ioining parishes, where the division line intersects a neighbor- 
hood whose convenience requires it, may lay oft' a district com- 
posed of parts of both of the parishes. Such districts shall be 
reported by the parish superintendent, together with a census of 
the school children only as belonging to the parish in which the 
school house may be situated, and reports shall be made by the 
assessor and parish superintendent as though the district lay 
entirely in the parish. 

(Option Which District School Children Shall At- 
tend. S. 17, Act 214, '02.) — Where two school distincts adjoin, 
it shall be lawful for the children in either of said adjoining- 
districts to be taught in and at such school house as shall be most 
convenient to them ; provided, that the tuition fee shall be paid 
to the district in which they are taught, and that no change be 
made wihout the consent of the s'chool boards of the respective 
parishes. 

(Enumeration of Edfcable Youth, S. 1, A. 129, '98.) — • 
The assessors of all the parishes of the State, including the Board 
of Assessors of the Parish of Orleans, shall make an enumeration 
of all the educable children of the State before July 1st, 1899, 
and every four years thereafter. 

(Assessor's Enumeration, S. 2, 129, '98.)— It shall be the 
duty of the Assessor and the Board of Assessors of the Parish of 
Orleans to make a correct enumeration by giving the names of 
the educable children, l)etween the ages of six and eighteen years 
in the respective parishes by race, sex and ward. This list of 



SCHOOL LAWS OF LOUISIANA. 35 

edueable children shall be made in triplicate form, and written, 
in ink. One list shall be furnished to the Auditor of Public Ac- 
counts, one list to the State Board of Education, and one list to^ 
the Board of School Directors of the parish in which the enumer- 
ation is made. It shall be the duty of the Assessors and the 
Board of Assessors of the Parish of Orleans to swear to the cor-^ 
rectness of said list or lists before a competent officer, who shalt 
attach a certificate thereof on each list before filing them. 

(Assessor's Pay for Enumeration, S. 3, A. 129, '98.) — The 
parish Board of School Directors shall pay the Assessors four- 
cents for the enumeration of each edueable child in their respec- 
tive parishes on the approval of the work of enumeration by the 
State Board of Education, which shall be signified to the parish 
Boards by the Secretary of State Board under seal. In the event 
the State Board of Education for any cause deems the enumer- 
ation made incorrect or improperly made out, it shall have the 
power SLiid authority to order a new enumeration in the parishes- 
where the inaccuracies are found, without extra compensation. 

(Asssessor's Blanks to be Furnished by Auditor, S. 4, A.^ 
129, '98.)— It shall be the duty of the Auditor of Public Ac- 
counts to furnish blank forms ruled to set forth the required 
■ names of the edueable children by wards, with the race, sex and 
age of the children, to the Assessors and the Board of the Parish 
of Orleans. 

(Penalty for Neglect, S. 5, A. 129, '98.) — In case of 
wilful negligence and refusal to comply with the provisions of 
this act, the Governor shall have the power and authority to re- 
move any Assessor or member of the Board of Assessors fromi 
office for such refusal or negligence. 

(Oath and Bond Required, Act 19 of 1878.) 

Section 1. That all State, district and parochial officers of 
"this State, whether elected or appointed, shall be required, with- 
in thirty days after the receipt of their commission, to take the 
oath of office prescribed by law, and give bond, where bond is. 
required, and cause the same to be filed in the proper office in. 
the manner required by law. 

See. 2. That the failure of any officer to comply with the 
requirements of Section 1 of this act, within the limitations 
therein fixed, shall operate a vacation of such office, and the 
Governor shall proceed to fill said office by appointment, as in_ 
other cases of vacancy. 

Sec. 3. That any officer of this Statf, Av'iot/ier Stat'^, dis- 
trict or parochial, who has heretofo'^o been rl'^ct^d or fippoi:it?d; 
to office, and who has failed to take the oa.th required by law., 
and to give bond, where bond is required, in accordance 
with existing laws, within thirty days from the date of the pro- 
mulgation of this act, and a failure to comply with these re- 



^Q COMPILATION OF THE 



quirements, within the limitation fixed, shall operate a vacation 
of such office, and the Governor shall fill the same by appoint- 
ment, as in other cases of vacancy. 

STATE SUPERINTENDENT OF PUBLIC EDUCATION. 

(State Superintendent op Public Education, S. 26, A. 
314, '02.) — A suitable office shall be provided for the State Su- 
perintendent of Public Education at the seat of government, in 
which he shall file, each year separately, all papers, reports and 
public documents transmitted to him by the board and officers 
whose duty it is to report to him, and hold the same in readiness 
to be examined by the Governor whenever he sees proper, and 
by any committee appointed by the General Assembly; and he 
shall cause to be kept a record of all matters appertaining to his 
office. In case of vacancy in the office of Superintendent of Pub- 
lic Education, the Governor shall fill the vacancy and submit the 
name of the appointee to the Senate for its confirmation at the 
first session held after the ai)pointment. • 

(Salary, Office Expenses, Clerk, Porter, S. 27, A. 214, , 
'02.) — The salary of the Superintendent of Public Education 
shall be two thousand dollars per annum, besides which he shall 
be entitled to office fixtures, stationery, books, fuel and lights 
and everything needed to carry on the work of his office. He 
shall have authority to appoint a clerk and a porter, and pre- 
scribe the duties of each ; provided, that the entire expenses of 
Tiis office, including salaries, postage and incidentals, shall not 
exceed the specified appropriation therefor, payable in monthly 
installments, out of the current school fund, by the Treasurer 
of the State, upon warrants of the State Superintendent. 

(Duties op the State Superintendent, S. 28, A. 214, '02.) 
— The State Superintendent of Public Education shall have 
general supervision of all parish school boards in the parishes, 
and of all common, high and normal schools of the State, and 
shall see that the school system of the State is carried properly 
into effect. He shall be ex-officio a member of the board of 
supervisors of the State University and Agricultural and Me- 
clianical College, the State Normal School, the State Industnal 
School at Ruston, the State Industrial School at Lafayette, 
the Institute for- the Deaf and Dumb, the State Institute for the 
Blind, the Southern University, and of all other institutions of 
lenrning under the control of the State or aided in whole or in 
part by the State. . 

He shall visit all the parishes of the State as often as prac- 
ticable, .and shall give due notice of the time of his visit to the 
parish superintendent, whose duty it shall be to meet and confer 
with the State Superintendent on all matters connected with the 
interests of the public schools of the parish. His expenses in- 
■curred in the discharge of this duty shall be paid out of the cur- 



SCHOOL LAWS OF LOUISIANA. 3T 

rent school fund,^ but shall not exceed the amount per annuiui 
for the purpose. 

Note — By Act 163 of 1900 the State Superintendent is a member of 
the Board of Control of the State Biological Station. 

By resolution of Tulane Board of Administrators he is also a member 
of said Board. 

(General Duties of the State Superintendent, S. 29, A. 
214, '02.) — He shall keep an account of all orders drawn or 
countersigned by him on the Auditor, of all returns of settle- 
ments, and make note of all changes, in the appointment of' 
school treasurers; whenever required any part of this account 
or note of change shall be furnished by the Auditor. 

(Biennial Report, S. 30, A. 214, '02.)^ — He shall biennially; 
on or before the meeting of the General Assembly, make a re- 
port of the condition and progress made and possible improve- 
ments to be made in the public schools; the amount and condi- 
tion of the school funds; how its revenues during the two pre- 
vious school years have been distributed; the amount collected 
and disbursed for public school purposes from local taxation, 
or from any other source of revenue, and how the same was 
expended. 

This repdrt shall contain an abstract of the parish and city 
superintendent's reports. He shall communicate all facts, sta- 
tistics and information as are of interest to the. public schools. 
He shall cause to be printed a sufficient number of copies for 
distribution among the members of the General Assembly, the 
State officials, parish school boards, public libraries, and super- 
intendent of other States and Territories, and to meet all ex- 
changes of educational reports. 

(Suggestions to be Contained in Reports, S. 31, A, 214, 
'02.) — The Superintendent in his report shall set forth the ob- 
jects, and make suggestions which may be of interest and pro- 
mote the success of all the institutions of learning under his 
supervision. The Superintendent of these institutions shall an- 
nually, by the first day of March, furnish the State Superintend- 
ent of Public Education such statements of their respective in- 
;Stitutions as may be necessary to enable him to make a full and 
satisfactory report. 

(Copies of Superintendent's Records Admissible in Evi- 
dence, S. 32, A. 214, '02.) — Certified copies of records and 
papers in liis office shall in all cases be evidence as admissible 
as the original. He is authorized to make copies, when requested 
by any person so to do, of any papers deposited or -filed in his 
office, and of any act or decision made by him, and certifiy the 
same, and he may demand therefor payment at the rate of 
tAventy-five cents per one hundred words. 

(■Reports to State Board in Certain Cases, S. 33, A. 214, 
'02.' — -It is Diade the duty of the State Superintendent of Public. 



38 



COMPILATION OF THE 



Education to report to the State Board of Education all neglect 
of duty or any improper uses made of school funds whenever it 
may come to his knowledge. He shall hold annually, conventions 
in the several institute districts, selecting the most convenient 
and accessible points, for the purpose of consultation, advice and 
instruction with parish superintendents in regard to supervision 
and management of the public schools. 

(Decisions and Appeals, S. 34, A. 214, '02.)— The State 
^Superintendent shall decide all controversies or disputes that 
may arise or exist among the directors, or between the superin- 
tendents and the boards, and between the superintendnts and 
lachers concerning their respective rights and duties. The facts 
of these controversies or disputes shall be made known to him by 
-written statement by the parties thereto, verified by oath or affir- 
mation, if required, and accompanied by ceertified copies of all 
necessary minutes, contracts, orders, or otheer documents. An 
-appeal may be taken from his decision to the State Board of 
Education, provided it be taken within fifteen days after his 
decision shall have been made. The Attorney General, when 
■called upon by the Superintendent of Public Education, shall 
give his opinion in regard to any controversy or dispute. The 
Superintendent of Public Education shall, whenever required, 
give advice, explanations, constructions, or information to the 
district officers and superintendents, and to citizens relative to 
the public school law, the duties of public school officers, the 
rights and duties of parents, guardians, pupils, and all officers, 
the management of the schojls, and all other questions calcu- 
lated to promote the cause of education. He shall perform all 
other duties imposed upon him by law. 

(Model Schools, Etc., S. 1303, R. S. 1904.)— The State 
Superintendent shall prescribe the course of study and super- 
vise the general curriculum in every particular not provided 
for in this law. He shall make provision for model, primary and 
-grammar schools, under permanent and highly qualified teach- 
ers, in which the student of the normal school shall have oppor- 
tunity to practice in the art of teaching. 

The salary of the teachers of the model and experimental 

schools shall be paid from the tuition fees derived from the pupils 

, of said model school, and those of the normal school who pay for 

their tuition ; and any balance that may be required shall be paid 

hy the State Board of Education out of the public school fund. 

PARISH SUPERINTENDENT. 

(Ex-Oppicio Secretary; Salary, S. 35, A. 167, '04.)— The 
parish school superintendent shall be ex-officio secretary of the 
parish school board in each parish of the State, the Parish of 
Orleans excepted; his salary shall be fixed by the parish school 
board, provided, that in no case shall it be less than six hundred 
•dollars ($600.00) per annuni. 



SCHOOL LAWS OF LOUISIANA. 39 

(Term of Office; QualipicationS; S. 8, A. 167, '04.) — • 
* * * The parish board shall eleect or apopint for a term of 
four years a parish superintendent, who shall be ex-officio secre- 
tary of the board. He shall be a person of high moral character, 
and a practical educator. 

(Visits to be Made, S. 36, A. 214', '02.)— He shall during 
the year visit once, at least, each school district in the parish, 
and he shall exert his best endeavors in promoting the cause of 
common school education. To this end he shall faithfully carry 
■out the requirements of the State school law and the rules and 
regulations made for the schools by the State Board of Educa- 
tion. 

(Committee for Examination of Teachers, S. 37, A. 214, 
''02.)^The Board of School Directors shall elect two persons 
either members or not members of the board at their discretion, 
who shall assist the parish superintendent in examining all appli- 
cants for certificates of qualification to teach in the public schools 
€f the parish ; these examiners shall mark all answer papers, tab- 
ulate the result and present the same to the parish board, which 
board shall select and appoint teachers for the schools of the par- 
ish in accordance with the provisions of the law. This shall be 
done at a special meeting of the board called for the purpose, 
when necessary, and ali elections of teachers shall be carefully 
entered in the minutes of the proceedings. The answer papers 
ot all persons examined shall be kept for one year in the office 
of the parish superintendent subject to the inspection of the per- 
sons exRmined, or persons specially authorized by them. 

*( Committee on .Appointment op Teachers, S. 28, A. 81, 
'88.) — The president of the school board and a member appoint- 
ed by the board, also the parish superintendent, shall constitute 
a committee and shall as such appoint the teachers of the common 
schools for his parish, and fill vacancies in the order of merit as 
hereinafter provided. At the first meeting of the board after the 
appointment, it shall be noted in each instance in the minutes of 
its proceedings. 

(Annual Eepoet of Parish Superintendent, S. 38, A. 214, 
'02.) — It shall be the duty of each parish superintendent, on or 
before the tenth day of January of each year, to cause to be 
placed in the hands of the State Supprintei?dent of Public Edu- 
cation the official report of his parish schools for the previous 
year, showing in tables an as^a-regate of the school districts in his 
parish, the districts in which the schools are taught, and the 
length of time taught, the number of children at school, the cost 

*Si8CTi^N 28. The contract thu'i resulting- from the nppointment of teachers by 
the appointment committee is binding- upon the board and only annulled -when its - 
conditions are unfulfilled and when it contains unauthorized terms as are solely deter- 
minable bv the parish board, as matters of school location, number of teachers em- 
ployed, and salaries. 

The superintendent may disnharere teachers found unworthy of tWe trust confided 
to them. For neg-lect of duty, the board may remove the parish supeiintendent. 

The* board must hold its executive officers responsible in such manner that ar- 
rangements will have a positive character and shall not be liable to frequent and 
3iarmful changes. 



40 



COMPILATION OF THE 



of tuition of each child per month and for the session, the num- 
ber of private schools, colleges, and academies taught in the par- 
ish, and the length of the session of the same; the number of 
teachers employed, male, female, white and colored, the averag-J 
wages of male teacher.'^, female teachrs, the amount of money 
raised for school purposes in the parish by local taxation or other- 
wise, and for what purpose it was disbursed; the number and 
kind of school houses, the actual or approximate value of each, 
the number built during the year preceding the report, the num- 
ber of school ibraries and the number of volumes in each and the 
increase during the year, and the amount received and expended 
for them. In case of his neglect or failure to make this report in 
the time required he shall forfeit and pay the sum of ten dollars 
per week, or fraction of a week, for the full time of his delin- 
quency; said amount to be collected by the parish board for the 
benefit of the institute fund of the State. 

(Custody of Records, Papers and Documents, S. 39, A. 
214, '02.) — Each parish superintendent shall keep a record of all 
business transacted by him as parish superintendent, the names, 
numbers and description of school districts; the tabulation of the 
reports of school principals made monthly to him by the princi- 
pals of the schools of his parish ; and all other papers, books and 
docimients of value connected with his office ; and these shall be 
at all times subject to inspection and examination by the State 
Superintendent of Public Education, or by any school officer or 
other person interested in any question pertaining to the public 
schools. In addition to his annual report to the State Superin- 
tendent of Public Education hereinbefore provided for, and 
which shall be made in accordance with instructions of the State 
Superintendent, he shall furnish to the Department of Education 
such narrative, and such information as the State Superintendent 
may from time to time require of him. 

Oaths Superintendent May Administer, S. 40, A. 214, 
'02.) — The parish superintendent may administer the oath re- 
quired of any of the officials of the comon schools, or of any per- 
son required to make oath in any matter relating thereto, except 
to qualify directors. 

(Office Days, S. 41, A. 214, '02.)— He shall attend at his 
office, at the parish seat, on the first Saturday of January, April, 
July and October, in each year, and at such other times as may 
be necessary for him to receive the reports of teachers" and others, 
and to transact the business required of him. 

(Make Quarterly Reports to Parish School Boards, S. 
42, A. 214, '02.) — The parish superintendent shall make quarter- 
ly reports to the parish board of directors upon the condition of 
the schools under his supervision. 

Superintendent as Secretary to Keep Minutes of All 
Proceedings, S. 25, A. 214, '02.)— The secretary shall keep full 
minutes of all proceedings of the board in a book provided for 



SCHOOL LAWS OF LOUISIANA. 41 

the purpose, and shall do and perform all other acts and duties 
legally pertaining to the office of the secretary of the board. 

SCHOOL TREASURER. 

(Parish Treasurer is Ex-Opficio School Treasurer, S. 65^ 
A. 214, '02.) — The parish treasurer in every parish (the Parish 
of Orleans excepted) shall be, and is constituted the treasurer of 
all school funds aportioned by the State to such parish, or raised 
collected or donated therein for the support of the free public 
schools ; he shall receipt for all such funds to the Treasurer of the 
State, and to the collector of parish taxes. 

(Bond of the Treasurer, S. 66, A. 214, '02.) — Before he en- 
ters on the duties of his office, the parish treasurer of each parish 
shall, in addition to the bond required by existing laws, execute a 
bond in favor of the Governor of the State, with good and sol- 
vent security, in a sum equal to the amount annually apportioned 
to the parish; the sureties on said bond shall be residents of the 
parish, and shall own therein real estate worth, over and above 
all incumbrance, the amount of their obligations thereon; said 
bond must be accepted by the president of the board of parish 
school directors, and the Clerk of the District Court, who shall 
record the same in the niortgage book of the parish, and shall 
forward to the State Superintendent of Public Education and to 
the State Treasurer a copy of said bond with a certificate of its- 
acceptance and registry endorsement thereon. (See Act 71, '04.) 

(Transfer of Funds, Books, Etc., S. 67, A. 214, '02.)— Said 
Treasurer immediate upon the acceptance of his bond, shall de- 
made of his predecessor in the office of treasurer of the school 
funds, custody of all books and papers, and of all balances of 
school money in his hands as custodian of the school funds of 
the parish. 

(How Funds Shall be Disbuesed, S. 68, A. 214, '02.) — 
Said treasurer shall pay out the school funds entrusted to his 
charge only on the warrant drawn by the president and counter- 
signed by the secretary of the parish school board, and shall state 
against what school district it is drawn, which warrant shall be 
drawn by these officers only in virtue of appropriations regularly 
made by the parish board ; the parish board shall make annually 
an estimate of the amount of revenue for the year, appropriating^ 
the same as above required, and no warrant beyond the amount 
estimated shall be drawn for any year. These warrants shall be 
numbered and shall specify on their face to whom and for what 
they are given, and the date of the appropriation made by the 
school board; the treasurer shall pay these warrants only to the 
extent of the amount to the credit on his books and in the order 
in which they are presented, of school districts in behalf of which 
the warrants shall have been drawn, and said warrants shall be 
filed in his office as vouchers, and with the account kept by him 



42 COMPILATION OF THE 

as treasurer of the school fund, shall always be subject to exam- 
ination by any one who chooses to examine them. 

(Treasurer's Compensation, S. 69, A. 214, '02.) — The com- 
pensation of the treasurer shall be a sum to be fixed by the State 
Board of Education for each parish, according to its territorial 
area, and the amount of the funds to be disbursed; but in no 
case shall it exceed two and a half per cent on the amount dis- 
l^ursed by him as shown by his vouchers. (See resolutions of 
State Board.) 

(Treasurer's Eeport, S. 70, A. 214, '02.)— It shall be the 
duty of parish school treasurers to furnish to the parish boards, 
and to tU^i Prate Superintendent of Tublic Education, quartejly 
reports of his receipts and disbursements: and before the tenth 
•day of January annually he shall forward to the State Superin- 
tendent of Public Education, in such form as the latter shnll pre- 
scribe, a full report of his receipts and disbursements for the 
year, and of the balanc*^ on hand to the credit of each ward or 
school district, and the indebtedness outstanding on the first day 
of January ; the latter provision regarding the annual report shall 
apply to the treasurer of the school board for the Parish of Or- 
leans, as well as to the other school treasurers of the State. 

TEACHERS' INSTITUTES. 

(Date fcr Teachers' Institute, S. 34, A. 81, '88.) — The 
parish superintendent may devote the first Saturday of each 
month, during the time the common schools are in session in the 
parish, to holding institutes for the improvement of teachers in 
their qualifications and methods of teaching, and for the discus- 
sion of topics pertaining to the advancement of the public school 
interest in the parish. 

(Attendance Obligatory, S. 35, A. 81, '88.)— The teachers 
shall be notified of the time and place of the monthly institute 
meeting. Teachers failing to be present, or to take such part in 
the exercises as the Superintendent may -risign or designate, shall 
forfeit one day's salary (which forfeited salary shall be paid to 
the parish institute fund) unless a good and sufficient reason for 
such failure to attend shall be given in writing to the parish sup- 
erintendent within ten days thereafter. No teacher shall be bound 
to attend the institute who, to do so, shall have to travel a greater 
distance than ten miles each way, and otherwise than by land. 

(Penalty for Superintendent's Absence, S. 36, A. 81, 
''88.) — Three hours work shall be required to constitute a legal 
session of one institute, and the parish superintendent shall for- 
feit five dollars for each institute that he fails to conduct as re- 
quired by this act, unless physically unable to attend, or for 
other sufficient excuse, to the satisfaction of the school board. 

(Members May be Active or Honorary, S. 37, A. 81, '88.) — ■ 
These institutes may receive as members, honorary or active, the 



SCHOOL LAWS OF LOUISIANA. 43 

membei's of the board, all officers, and any citizen of good moral 
character as may desire to become a member, subject to the rules 
and regulations, and to the payment of such dues and fines as 
may be imposed by a quorum of the said institutes. 

(Parish Institutes: Roll of Members, S. 38, A. 81, '88.) — 
Each parish superintendent, upon the assembling of the teachers' 
institute of his parish shall cause a roll of the members to be pre- 
pared, which roll shall be called at least twice a day during the 
session of the institute, and all absentees shall be carefully 
marked. He shall ascertain the number of teachers who were in 
attendance, and length of time each attended, and shall keep a 
record thereof. 

(Institute Managers. S. 39, A. 81, '88.) — Each parish sup- 
erintendent before the beginning of the free school term, shall 
appoint one of the best qualified teachers of his parish as institute 
manager for each institute district, should there be more than 
one institute district in the parish ; and such appointees shall each 
be paid for actual services two dollars and a half per day out of 
the institute fund as compensation for holding institutes, and 
for assisting the superintendent during the session. 

(Institute Fund, S. -10, A. 81, '88.) — All institute funds 
shall be collected and receipted for by the Superintendent. He 
shall have a record of the amount received, hand them over to 
the treasurer of the school boa^i^d, who shall keep a separate ac- 
count of these funds. He shall pay them out on the warrant of 
the superintendent, countersigned by the president of the school 
board. These funds shall be expended only in the interest of the 
institutes. The superintendent, for all services in connection 
with these institutes, shall be paid three dollars a day out of said 
fund for each day he will cause the said institute, to hold under 
his personal superintendence, and for each day's attendance as 
provided for in section fifty -five (55). 

Note. — (This does not applj^ to the dollar collected for teachers" exam- 
ination fee which is to be sent to State Snperintendent of Education as 
per Sec. 49, Act 167. '04.) 

(Institute Not Applicable to Orleans Parish, S. 41, A. 
81, '88.) — The foregoing sections having reference to parish in- 
stitutes shall not apply ti'- the Parish of Orleans, but the school 
board of said parish may inaugurate and carry on .such institutes 
in the manner and with the power and authority set forth above. 

(Reports Respecting Institutes, S. 43, A. 81, '88.) — The 
parish superintendent, in his annual report to the State Super- 
intendent, shall state the time and place teachers' institutes 
were held; the names of the persons conducting the same; the 
number of persons conducting the same ; the number of persons 
registered as in attendance; the sums collected; the number and 
names of teachers of common schools in the parish who did not 
attend the institute, and such other information of the pro- 



44 COMPILATION OF THE 

eeedings and results of the institute as he may deem of value 
and interest. 

(Assistant's Remuneration, S. 4, A. 64, '94.) — Said Insti- 
tute Conductor shall be assisted in the work by members of the 
faculty of the State Normal School and by such other assistants 
as the State Superintendent of Public Education and the Presi- 
dent of the State Normal School may select ; provided, that mem- 
bers of the State Normal School shall receive no compensation 
other than their actual traveling expenses for institute work 
done during the session of said institution; but for institute 
work done during the vacation of said Normal School they, in 
common with other assistants, shall receive such remuneration 
as the State Superintendent of Public Education and the Presi- 
dent of the State Normal School may deem sufficient, payable 
out of any funds derived from the Peabody Fund, or appro- 
priated by State, parish or locality for institute purposes. 

(Notification to Teachees, S. 6, A. 64, '94.) — The parish 
superintendent, with the advice of the State Superintendent and 
the President of the State Normal School shall make all neces- 
sary arrangements for the State Teachers' Institutes held in his 
parish, and shall do everything in his power to insure their suc- 
cess. He shall give to every public school teacher of his parish 
at least fifteen days' notice of the time and place of meeting of 
the institute; and shall order all the public schools of his parish 
to be closed during the session of the institute. 

(Penalty for Absence Without Satisfactory Excuse, S. 
7, A. 64, '94.) — Any public school teacher failing to attend the 
institute held in his parish, without an excuse satisfactory to 
the board of school directors thereof, shall immediately upon de- 
mand of the parish superintendent, forfeit his certificate and 
lose his position; and each public school teacher in attendance 
upon the institute shall receive the same compensation for the 
time of attendance as for actual teaching, whether the school be 
in session or not; provided, he shall have been present during 
the whole session of the institute. 

(Leave of Absence and Compensation, S. 8, A. 64, '94.)^ 
The school superintendent of every parish in which no State in- 
stitute is to be held during the year, shall encourage and urge 
the public school teachers of his parish to attend the nearest 
State Teachers' Institute, granting them leave of absence from 
their school duties and giving them the same compensation for 
attending the institute as is provided in section seven for the 
teachers of schools located in the parish wherein the institute 
is held. 

(Certificate of Attendance, S. 9, A. 64, '94.) — The State 
Institute Conductor and his assistant conductors shall issue cer- 
tificates of attendance to every teacher in attendance during the 
whole session of a State 'J'eachers' Institute and parish boards 
of school directors shall give preference, ceteris paribus, to the 



SCHOOL LAWS OF LOUISIANA. 45 

holders of said certificates in the selection of teachers for the 
public schools. 

(Summer Normal Schools, S. 43, A. 214, '02.) — ^Whereas a 
majority of the public school teachers of the State have not had 
the advantage of professional training, and whereas the State 
should make an effort to put this training within the reach of 
those teachers who by reason of their age, their family ties and 
other obstacles, cannot pursue the full course of the State Nor- 
mal School, there shall be established and maintained by the 
State Institute Fund, in conjunction with the Peabody Institute 
Fund, SuiTjmer Normal Schools in the State, with sessions of not 
less than four weeks. 

(Special Institutes; Attendance; Pay; Excuse for Non- 
attendance, S. 44, A. 167, '04.) — Other institututes may be 
held when ordered by the State Board of Education or under 
special laws ordering such institutes to be held. Every teacher 
of a common school must attend the sessions upon penalty for 
non-attendance if satisfactory excuse has not been rendered to 
"the parish superintendent, of forfeiting two days' pay. There 
shall be a .vacation of the common schools of the parishes, to 
give opportunities to the teachers to attend; and no reduction of 
the teacher's salary shall be made during said vacation, pro- 
vided, he or she was in attendance the full time of the session oi 
the institute. These institutes, held under this section, shall, as 
far as possible, be held in some town centrally located, and 
teachers from as many parishes as can conveniently attend shall 
be notified to attend. This notice they shall obey, under the 
penalty before mentioned. 

(State Institute Managers and Institute Conductor, S. 
45, A. 214, '02.)— The State Superintendent of Public Educa- 
tion and the President of the State Normal School shall be a 
Board of State Institute IN^Danagers, and in their discretion shall 
select an experienced institute conductor who shall have general 
charge of the summer normal work, and whose services shall be 
paid for out of the institute fund in such manner as shall be 
agreed upon by the State Superintendent of Public Education 
and the Principal of the State Normal School. 

(Certificates Issued; Preference to Holders op Same, 
S. 46, A. 214, '02.) — The managers of the summer normal 
schools shall issue certificates of attendance to every teacher 
present during the whole of their sessions, and the parish boards 
of school directors shall give preference, other things being 
equal, to the holders of said certificates in the selection of teach- 
ers for the public schools. 

(Institute Conductor's Reports, S. 47, A. 167, '04.) — 
The conductors of the State Institutes shall make a full report 
of their work giving the names of the teachers in attendance, 
with a detailed account of all institute funds received and dis- 
bursed, to the State Superintendent of Public Education for 



46 COMPUTATION OF THE 

publication in his biennial report to the General Assembly and 
to the Board of the Peabody Education Fund. 

EXAMINATIONS AND CERTIFICATES. 

(Time, S. 48, A. 214, '02.) — Examinations of applicants for 
certificates of qualifications to teach in the public schools of the 
State shall be held on dates designated by the State Board of 
Public Education. 

(Examinees; Duties and Penalties for Non-Perform- 
ance, S. 50, A. 214, "02.) — Before the examiners shall eommence 
their examination of applicants, they shall take an oath that 
they will faithfully discharge their duties. They shall not give 
to any person a certificate before examining the candidate, touch- 
ing his or her qualifications to teach, and who is not qualified to 
teach as required by the public school law. They shall be satis- 
fied that the applicant is possessed of good moral character. If 
at any time a teacher becomes incompetent, inefficient, or un- 
worthy of the endorsement given him or her, the parish super- 
intenclent may revoke the same and notify the board -of his ac- 
tion for its approval or disapproval. Any teacher may be dis- 
charged at any time under the above provisions, but he shall be 
entitled to receive payment for services only up to the time of 
such dismissal. 

(Examination Fee, S. 49, A. 214, '02.) — Before being ex- 
amined each applicant for a certificate to teach shall pay a fee 
of one dollar. The mo'iey so received shall be forwarded to the 
State Superintendent of Public Education by the parish super- 
intendent, along with the names of the persons by whom it has 
been paid. The State Superintendent shall give to each parish 
superintendent a receipt for the money, and he shall transmit 
all such funds to the principal of the State Normal School for 
the benefit of the Institute Fund. A list of all monies so re- 
ceived shall be forwarded to the State Board of Education. 

(Additional Reouirement, S. 3, A. 40, '88.)— No certifi- 
cate shall be granted hereafter to any new applicant to teach in 
the public schools of Louisiana, who has not passed a satisfac- 
tory examination in the study of the nature of alcoholic drinks 
and narcotics, and of their effects upon the human system, in 
connection M'ith the several divisions of the subject of relative 
physiology and hygiene. 

(Competitive Examinations, S. 44, A. 81, 'SS.) — It shall 
be the duty of the parish superintendent to conduct or superin- 
tend in person the examination of all persons offering them- 
selves as candidates for position of teachers of the common 
schools of this parish (except in cities and towns organized as 
one district by special act of the General Assembly ; except also, 
when the applicant holds a certificate entitling him to teach 
without further examination, as provided for in this act), in 



SCHOOL LAWS OF LOUISIANA. 47 

regard to their moral character, learning and ability to teach. 
For any violation of this duty he shall be liable to a fine of not 
less than twenty dollars, nor more than fifty dollars. The school 
board of the parish shall appoint a committee of two competent 
persons to assist him (the parish superintendent) in making 
these examinations. The superintendent and the committee must, 
agree as to competency of the applicant before a certificate can 
be issued. Whenever two or more teachers apply for the same- 
position or positions a competitive examination shall be held, 
and the position or positions shall be given to the most compe- 
tent. (See State Board resolutions on preferences; also S. 46,. 
A. 214, '02; Act 91, '96.) 

(Third Grade Ceetificaie, S. 51, A. 214, '02.)— To obtaia 
a third grade certificate the applicant must be found compe- 
tent to teach spelling, reading, penmanship, drawing, arithmetic,. 
English grammar, geography, the history of the United States, 
the Constitution of the United States, the Constitution of the- 
State of Louisiana, physiology, and hygiene, with special refer- 
ence to the effects of stimulants and narcotics upon the human, 
system, and the theory and art of teaching. 

(Second Grade Certificate, S. 52, A. 214, '02.)— To obtain- 
a second grade certificate the applicant must be found compe- 
tent to teach all the foregoing branches, and also grammatical 
analysis, physical geography and elementary algebra. 

(First Grade Certificate, S. 53, A. 214, '02.)— To obtain 
a first grade certificate the aplicant mXist be found competent to- 
teach all branches required for a third grade and a second grade- 
certificate, and also higher algebra, natural philosophy and 
geometry. 

(Certificates License to Teach How Long, and Where, 
S. 54, A. 214, '02.) — A third grade certificate shall entitle the- 
holder to teach for one year; the second grade certificate shall 
entitle the holder to teach in the public schools for three years: 
from its date; a first grade certificate shall entitle the holder 
to teach for five years from its date. If a person pass a satis- 
factory examination by any parish superintendent, obtain a cer- 
tificate of any grade, and purpose 'to teach in another parish, it 
shall be lawful for the superintendent holding the papers writ- 
ten at the examination for such certificate, upon the request of" 
any parish superintendent, to transfer such papers to him, and 
if found satisfactory, a certificate thereon, of the proper grade, 
to be for the same length of time as the original certificate, may 
be issued by him to the same effect as though he had examined 
the applicant himself. 

(Special Certificates, S. 55, A. 214, '02.) — Special certifi- 
cates in studies of high grade may be issued on a satisfactory 
examination in branches to be taught in any special academic 
department, which certificates shall entitle their holders to 



48 COMPILATION OF THE 

special appointment in a deartment where such studies may be 
taught. 

(License and Contract Necessary to Teach in Public 
Schools, S. 56, A: 214, '02.) — No person shall be appointed to 
teach without a written contract for the scholastic year in which 
the school is to be taught, and who shall not hold a certificate of 
a grade sufficiently high to meet the requirements of the school ; 
unless he or she holds a certificate or diploma provided for by 
this Act, which exempts him or her from examination. 

(Teachers Not Affected, S. 57, A. 214, '02.) — Teachers 
now in position and holding certificates shall not be affected by 
the provisions of this Act, it being the intention thereof to have 
regard to certifieates to be issued in the future rather than those 
issued in the past and held by teachers now employed and giving 
satisfaction to their boards; but all certificates are revocable, 
and all teachers subject to examination whenever they fall under 
the provisions of Section 50 of this Act. , 

(Certificates to bj; Filed by the Teacher, S. 58, A. 214, 
'02.) — Each teacher of any school in this State supported wholly 
or in part from public money shall, before receiving auy remu- 
eration for services rendered in said capacity, file a certificate 
with the person by whoiti such payments are authorized to be 
made to the effect that ^r\,>]\ teacher has faithfully complied with 
all the provisions of this Act during the entire period for which 
such payment is sought, and in the manner specified in this Act; 
and no money shall be paki to any teacher who has not filed such 
a certificate. 

(Exception in Regard to State and Peabody Norma!, Di- 
plomas, S. 59, A. 214, '02.) — Diplomas conferred by the Peabody 
Normal School, located at Nashville, Tennessee, upon graduates 
of that institution, as also diplomas conferred by the State Nor- 
mal School at Natchitoches, Louisiana, shall entitle the holders 
thereof to a first grade cerrificate, valid in any town or parish of 
this State for four years from the date of graduation, at the ex- 
piration of which time certificates awarded to the graduates of 
the Peabody Normal may be renewed by the State Superinten- 
dent of Public Education upon satisfactory evidence of the abil- 
ity, progress and moral ciiaracter of applicants asking for such 
renewal ; certifieates aw.irded to graduates of the State Normal 
School may in like manner be renewed at the expiration of four 
years by the board of administrators by whom they were origi- 
nally issued. (See A. 57, 1894; also A, 91, 1896.) 

(Teacher's Register and Monthly Report, S. 60, A. 214, 
'02.) — It shall be the duty of parish superintendents and teachers 
of the public schools of the State to keep such school records as 
t5hall be prescribed by the State Superintendent of Public Edu- 
cation. Prior to receiving his or her monthly salary at end of 
each month, each principrl of a school shall make to the parish 
superintendent a report of the entire number of pupils enrolled, 



SCHOOL LAWS OF LOUISIANA. 49 

the number of pupils in attendance during the month, the books 
used, the branches taught, the number of pay pupils, and such 
other information as the parish superintendent may deem impor- 
tant. If any principal wilfully neglects or fails to do this, the 
parish superintendent shall withhold two dollars of the salary 
due for the benefit of the State Institute Fund. 

(Accountability of Pupils to TexVCHers, S. 61, A. 214, 
'02) — The teacher shall faithfully enforce in.the school the course 
of study and the regulations prescribed in pursuance of law ; 
and if any teacher shall wilfully refuse or neglect to comply with 
such requirements, the parish superintendent, on petition or com- 
jDlaint which shall be deemed sufficient by the board, may remove 
or dismiss him or her. Every teacher shall have the power and 
authority to hold every Dupil to a strict accountability in school 
for any disorderly conduct on the play-grounds of the school or 
during intermission or recess, and to suspend from school an/ 
pupil for good cause ; provided, that such suspension shall be re- 
ported in writing as soon as practicable to the parish superin- 
tendent, whose decision shall be final ; and provided further, that 
in the Parish of Orleans the principals of schools shall suspend 
and report the same to the superintendent for approval or fur- 
ther action. 

(State Normal School Diplomas, Act 91, '96.) — The 
Board of Administrators of the State Normal School is hereby 
, empowered to confer diplomas upon all graduates of said school. 
' This diploma shall entitle the holder to a first grade teacher's 
certificate without examination, and shall be valid in any part of 
the State for four years from the date of graduation, after the ex- 
piration of which time it may be renewed every four years, for 
the same period, by said Board of Administrators upon satisfac- 
tory evidence of the abilit\ , progress and moral character of the 
teacher making application for such renewal. Furthermore, the 
diploma of the State Normal School shall entitle its holder to such 
degree of preference in the selection of teachers for the Public 
Schools of the State as may be deemed wise and expedient by the 
State Board of Educatior]. 

(Peabody Normal P.chcol Diplomas, A. 57, '94.) — Diplo- 
mas confei-red by the Peabody Normal School located at Nash- 
ville, Tennessee, upon gryduates of that institution, shall entitle 
them to a first grade teacher's certificate, valid in any town or 
parish of this State for four years from the date of graduation, 
' at the expiration of which time it may be renewed for the same 
' period by the State BoArd of Education upon satisfactory evi- 
dence of the ability, progress and moral character of the teacher 
making application for such renewal. 

EE VENUES. 

''Apportionment of Cufrfnt Scpiool Funds, S. 62, A. 214, 
'02.) — The State Superintendent of Public Education shall, in 



50 COMPILATION OF THE 

the months of February, June and November, in each year, ap- 
portion the funds appropriated by the General Assembly for the 
support of the public schools of the State among all the parishes 
of the State according to the number of children between the 
ages of six and eighteen years in each parish ; provided, that all 
the poll tax collected in any parish shall be appropriated to said 
parish. The amount so apportioned shall ])e paid by the State 
Treasurer to the school treasurer of each parish upon the war- 
rant of the State Superintendent of Public Education. 

(Police Jury and Municipal Tax, S. 63, A. 214, '02.)— The 
police jurors of the several parishes, and the boards of trustees,, 
councilmen, and legal representatives of cities, towns and villages- 
(except the Parish of Orleans) may levy for the support of the 
public schools of their respective parishes a tax for the public 
schools which shall not exceed the entire State tax; provided^ 
that with this tax the whole amount of parish taxes shall not ex- 
ceed the limit of ten mills parish taxation fixed by the Constitu- 
tion; and provided also, that no police jury of any parish shall 
levy for the support of its schools less than one and a quarter 
mills on the dollar of the assessed valuation of the property there- 
of. Such taxes shall be paid to the school treasury of the parish 
or town where collected, monthly by the tax collector ; provided,, 
towns not exempted under their charters from the payment of 
parish taxes, and subjected to the same burden of taxation as the 
parishes are, shall not pay this tax, for the same is included in 
the taxes imposed by the parish in which the town is situated. 

Note — The word "may" authorizes but does not provide that the Po- 
lice Jury shall levy a tax. State ex rel vs. Police Jury, 40th Ann., 755. 

(Bonds and Fines, S. 64, A. 214, '02.) — All fines imposed 
by the several district courts for violation of law, and the 
amounts collected on all forfeited bonds in criminal cases, after 
deducting connnissions, shall be paid over by the Sheriff of the 
parish in which the same are imposed and collected, to the treas- 
urers of the school boards in said parishes, and shall be applied 
to the support of the public schools as are applied the other funds 
levied for the purpose, the parish of Orleans excepted. 

(Special School Tax, S. 18, A. 214, '02.) — Whenever one- 
third of the property taxpayers of any one parish, municipality, 
ward, or school district in this State shall petition the police jury 
of such parish, or the municipal authorities of such municipality,. 
to levy a special tax for the support of public schools and for the 
purpose of erecting and constructing public school houses, the 
title to which shall be in the public, the said police jury, or mu- 
nicipal authorities shall order a special election for that purpose 
and shall submit to the property taxpayers of each parish, mu- 
nicipality, ward or school district, the rate of taxation, the num- 
ber of years it is to be levied and the purposes for which it is in- 
tended; provided, that such election be held under the general 
election laws of the State, and at the polling places at which the 



SCHOOL LAWS OF LOUISIANA; ' 5I 

last preceding general election was held, and not sooner than thir- 
ty days after the official publication of the petition and ordinance 
ordering the election. (See S. 1, A. 131, '98; also S. 1, A. 
174, '02.) 

(Special School Tax Petition, S. 19, A. 167, '04.)— The 
petition mentioned in S. 18, Act 214 of 1902, shall be in writing, 
and shall designate the object and rate of tax to be levied each 
year, and the nmnber of years during which it shall be levied. 
(See S. 2, A. 145, '04.) 

(Special School and Improvement Tax, S. 1, A. 174,. 
'02.) — Whenever one-fifth of the property taxpayers of any one 
parish, municipality, ward, or school district in this State shall 
petition the police jury of such parish or the municipal author- 
ities of such municipality, to levy a special tax for the support of 
public schools and for the purpose; of erecting and constructing 
public buildings, school houses, bridges, wharves^ levees, sewer- 
age work and other works of permanent public improvement, the 
title to which shall be in the public, the police jury, or the mu- 
nicipal authorities, shall order a special election for that purpose^ 
8nd submit to the property taxpayers of each parish, municipal- 
ity, ward or school district, the rate of taxation, the number of 
years it is to be levied, and the purposes for which it is intended ; 
provided that said election be held under the genral election laws 
of the State, and at the polling places at which the last preceding 
general election was held, and not sooner than thirty days after 
the official publication of the petition and ordinance ordering the 
election ; and, provided further, that whenever an election is or- 
dered in any school district, wherein there is no regular polling 
place to levy a special tax for public school purposes, that the 
police jury be authorized and empowered to designate some suit- 
able place within the limits of such school district, for the holding 
of said election. 

(Speclsl School Tax Petition; Rates, Etc., S. 2, A. 145, 
'04.) — Section 2 of said Act No. 131 of 1898, be amended and re- 
enacted so as to read as follows, viz: "That the petition men- 
tioned in Section 1 of this Act shall be in writing or print, and 
shall designate the object and rate of the tax to be levied each 
year, and the number of years during which it shall be levied." 
'(Sec. 1, A, 131, '98, same as S. 18, A. 214, '04; also, S. 19, A. 
167, '04.) 

(Levy op Special School Tax, S. 20, A. 214, '02.)— If a 
majority in number and value of the property taxpayers of such 
parish, municipality, ward or school district voting at such elec- 
tion, shall vote in favor of such levy of said special tax, then the 
police jury, on behalf of such parish, ward or school district, or 
the municipal authorities, the authorities for and on behalf of 
such municipality, shall immediately pass an ordinance levying 
such tax, and for such time as may have been specified in the 



52 COMPILATION OF THE 

petition, and shall designate the year in which such taxes shall 
be levied and collected. 

(Voters for Special School Tax, S. 21, A. 214, '02.)— All 
taxpayers voting at said election shall be registered voters, ex- 
cept women taxpayers, who shall vote without registration. All 
taxpayers entitled to vote shall do so in person, except women, 
who shall vote either in person or by their agents, authorized in 
writing. 

(Lew and Collection op Special School Ta.x, S. 3, A. 145, 
'04.)— Section 5 of said Act No. 131 of 1898 be amended and re- 
enacted so as to read as follows, viz : That the Police Jury of any 
parish, ward or school district, or the municipal authorities of 
any municipality, shall, when the vote is in favor of the levy of 
such special tax, levy and collect annually, in addition to other 
taxes, such special tax, at the rate voted by the property taxpay- 
ers and during the years designated, upon all the taxable prop- 
erty within the limits of such parish, municipality, ward or 
school district, as the case may be, and such Police Jury and au- 
thorities and the proper Tax Collectors shall have the same right 
to enforce and collect any special tax that may be authorized 
by such election, as is or may be conferred by law upon them for 
the collection of other taxes, which special taxes so collected 
shall be used for the object or purpose designated in the petition 
and for none other, and ill case of a special tax voted for the 
suport of a public school or for the purpose of erecting a public 
Fichool house, the same shall, from time to time as collected, be 
paid to the Board of School Directors of the parish in which said 
special tax shall be levied. (See S. 22, A. 214, '02.) 

POLL TAX. 

(Collection of thjs Poll Tax, S. 1, A. 89, '88.)— The Tax 
Assessors throughout the State be and they are hereby required 
to render to the School Boards of their respective parishes, an- 
nually, by the first Saturday of October, a complete schedule list, 
by wards, of all persons liable to pay a poll tax in their respec- 
tive parishes. If any Assessor fails to comply with the require- 
ment of this act, the failure shall be cause for removal; besides, 
he shall be subject to a fine of $250, for the benefit of the public 
schools in the parish in which the delinquent officer resides, and 
in which he is the Assessor. In the city of New Orleans the 
Board of Assessors shall comply with the requirement of this 
act, and in the event of failure, shall be subject to dismissal and 
penalty as before provided. ' 

(Returns op Collections, S. 2, A. 89, '88.)— The Sheriff 
and Tax Collectors in their respective parishes shall return, by 
the first Saturday of February, of each and every year, to the 
School Boards of their respective parishes, a list predicated upon 
the list before mentioned by wards, showing all persons in the 



SCHOOL LAWS OF LOUISIANA. ... 53 

parishes respectiyely, who have paid their poll tax, as well as 
persons who have not paid the same, and shall return their rea- 
sons in writing and- under oath, the cause in each instance of the 
non-payment of a poll tax, and why they have not collected the 
tax not collected. 

(Penalties, S. 3, A. 89, '88.)— If the said sheriff or tax 
collector fails to show cause why the said poll tax has not been 
collected, he shall be responsible for and shall pay the poll taxes 
he has failed to collect, and shall be held liable with his securi- 
ties on his official bond for the payment of said tax. 

(Rules for Non-Compliance, S. 4, A. 89, '88.— ) The sheriff 
can be made to show cause why the said poll tax has not been 
collected, at chambers, before the district judge, after service of 
rule and three days have elapsed after service. 

(Receipt for the Poll Tax, S. 1, A. 87, '86.) — Before any 
person serving as jurors or as witnesses in criminal cases shall 
receive the compensation to which they are entitled for their 
mileage and per diem, they shall exhibit to the clerk of the court 
a receipt for the poll tax or taxes due by them. 

.(Deduction of Witnesses' and Jurors' Compensation, 
FOR Poll Tax, S. 2, A, 87, '86. — )0n their failure to produce 
such receipt the clerk of court, or other officer, issuing certifi- 
cates or warrants for their mileage and per diem, shall issue cer- 
tificates or warrants for amount less the poll tax due, and shall 
issue the certificate or warrants for amount so reserved for poll 
tax, to the treasurer of the school board of the parish, who shall 
collect same. 

(Report by the Clerk op. Court, S. 3, A. 87, '86.) — The 
clerk of court or other officer, issuing such certificates or war- 
rants, shall report to the tax collector of the parish the names of 
all persons from whom he has reserved amounts for poll tax, 
and the tax collector shall give such person credit for such poll 
tax. ~ 

(Poll Tax Collections of Orleans, S. 1, A. 56, '94. — 
The collection of poll taxes in the parish of Orleans, together 
with all the processes, commissions and obligations incident 
thereto as now provided by law, are vested in the treasurer of 
the city of New Orleans. 

SALE OF SCHOOL LANDS. 

(Election, S. 2958, R. S., 1904.)— It shall be the duty of 
the parish treasurers of the several parishes in this State to 
have taken the sense of the inhabitants of the township, to 
which they may belong, any lands heretofore reserved and ap- 
propriated by Congress for the use of schools, whether or not 
the same shall be sold, and the proceeds invested as authorized 
by an act of Congress, approved February 15, 1843. * * * * 
Polls shall be opened and held in each township, after advertise- 



54 



COMPILATION OF THE 



ment, for.tliirty days at three of ^ the most public places in the 
town, and at the courthouse door, and tiie sense of the legal 
voters therein shall be taken within the usual hours, and in the 
usual manner of holding elections, which elections shall be held 
and votes received by a member of the parish school board or a 
justice of the peace; and if a majority of the legal voters be in 
favor of selling the school lands therein, the same may be sold, 
but not otherwise. The result of all such elections shall be 
transmitted to the parish treasurer, and by him to the State 
Superintendent. 

(Survey, S. 2959, R. S., 1904.)— Before making sale of the 
school lands belonging to the State, it shall be the duty of the 
parish treasurer, or other persons whose duty it may become to 
superintend the sales, to cause a re-survey of such lines as from 
any cause may have become obliterated or uncertain; and for 
this purpose he is authorized to employ the parish surveyor, or 
on his default, any competent surveyor; and the lines thus sur- 
veyed shall be marked in such manner as to enable those inter- 
ested to make a thorough examination before sale, and all ad- 
vertisements made for the sale of such lands shall contain a 
full description thereof according to the original survey and 
that required by this section. The expenses of the survey shall 
be paid b}- the Auditor of Public Accounts out of the proceeds 
of the sale of the lands on the warrants of the parish treasurer. 

Note — The State is a trustee of these lands or of the proceeds of 
their sale for the use of the inhabitants of the township in which they 
are located — ride, Board of School Directors vs. Ober. 33 A. 419. 

(Sale on the Order of the Auditor, S. 2960, R. S., 1904.) 
— If the majority of the votes taken in a township shall give 
their assent to the sale of the lands aforesaid, the parish treas- 
urer shall forthwith notify the Auditor of Public Accounts of 
the vote thus taken, and upon his order, the said lands shall be 
sold by the parish treasurer, at public auction, before the court- 
house door, by the sheriff or an auctioneer to be employed by 
the treasurer at his expense, to the highest bidder, in quantities 
not less than 40 acres, nor more than 160, after having been pre- 
viously appraised by three sworn appraisers,- selected by the par- 
ish treasurer and recorder of the parish, after thirty (30) days' 
advertisement, but in no case at a less sum than the appraised 
value, payable on a credit of ten years, as follows : ten per cent 
in cash and the balance in nine annual installments, the interest 
to be paid on the M^hole amoiuit. anually, at the rate of eight per 
cent per annum ; the notes shall be made payable to the Auditor 
of Public Accounts, secured by special mortgage on the land 
sold, and personal security in solido, until final payment of 
principal and interest; in the event of the purchaser neglecting 
or refusing to pay any of these installments or interest at ma- 
turity, the mortgage shall be forthwith closed, and the parish 



SCHOOL LAWS OF LOUISIANA. 55 

treasurer is hereby authorized to advertise and sell the land as 
before provided for, and further authorized and required to ex- 
ecute all acts of sale on behalf of the State for any such lands 
•sold, to receive the cash payment and notes given for the pur- 
chase, which shall be made payable to the State Treasurer, and 
to place the same in the office of the Auditor of Public Accounts, 
for collection; all cash received, either for principal or interest, 
from' said sales shall be transmitted by him to the State Treas- 
urer, and any moneys thus received into the State Treasury 
from sales aforesaid shall bear interest at the rate of six per 
cent per annum., and be credited to the township to which the 
same belongs according to the provisions of the act of Congress. 
The parish treasurer shall forthwith notify the State Superin- 
tendent of the result of all sales made by him. The parish treas- 
urer shall be authorized to receive the whole amount bid for the 
lands, deducting the eight per cent interest which the credits 
will bear. (See Supreme Court decision.) 

(Sale of Uninhabitable Lands, S. 1, A. 168, '94.) — All 
sixteenth section lands located in a township not habitable by 
reason of the land being swamp or sea marsh, the school board 
of the parish in which such lands are located may present an 
application for sale of such sixteenth section land to the Audi- 
tor of Public Accounts, in which they shall set forth the loca- 
tion of the township, its character and the reason upon which 
a sale is desired and upon receipt of. such application duly 
signed by the president and secretary thereof, the Auditor may 
authorize the sale, if in his judgment a sale should be made. 

(Sale Conducted in the Same Manner as Others, S. 2, 
A. 168, '94.) — In case a sale is ordered as provided for in sec- 
tion one of this act, the parish treasurer shall make such sale in 
the same manner, and upon the terms and conditions as is' now 
X>rovided by law for the sale of sixteenth section lands; pro- 
vided this act shall not apply to sixteenth sections now leased to 
parties for a term of years. 

(SxVle oe Sections r)iviDED by Parish Lines, Act 147, 
1857.) — When the sixteenth section of any township is divided, 
by a parish line, the treasurer of the parish in which a greater 
portion of the section may lie, shall proceed to take the sense of 
the people of the township, and to sell the same as provided by 
law, as if the whole section lay in his parish; provided, that the 
same shall be advertised at the courthouse of both parishes. 

'(Treasurer's Commission, Act 33, 1859.) — Parish treas- 
urers of the several parishes shall be entitled to retain out of the 
proceeds of the sale of sixteenth sections effected by them a per- 
centage of two and one-half on the amount of said sales, to be 
deducted from the cash payment, and the same shall be in full 
compensation of their services. 



56 COMPILATION OF THE 

(Lease of School Lands, A. 321, 1859.) — Should a ma- \ 
jority of the legal vote be against the sale of the lands, then it ' 
shall be the duty of the parish board of directors, where the ,, 
same may. be situated, to secure them from injury and waste,- ^ 
and prevent illegal possession or aggression of any kind, and in 
conjunction with the parish treasurer to lease the same, or any 
part thereof, for a term not exceeding four years, ae(io;:'ding'- 
to the provisions of the second section of the act of Congress . 
aforesaid, and to inform the Su.oerinleudent thereof. 

' (Proceeds of Lands Accruing to Townships, S. 2963, R. 
S., 1904.) — All moneys that have been or may be hereafter re- 
ceived into the State treasury, and the interest that has or may 
accrue thereon from the sale of any sixteenth section of school 
lands or the school land warrants belonging to the various 
townships in the State, shall be placed to the credit of the town- 
ship, and should the people of any township desire to receive for 
the use of the schools therein, the annual interest payable by the 
State on fiaicls deposited to their credit, or the annual proceeds , 
of the loan, the parish treasurer shall, on the petition of jive , 
legal voters in any such towaiship, order an election to l}e Iield 
in the township, as provided for the sale of tow^n.ship lands; and , 
if a majority of any number of votes above seven be in favor of , 
receiving annually the accruing interest as aforesaid, the same 
shall be paid to the treasurer of the parish for the use of the . 
towaiships or districts; otherwdse the interest shall be aa ac- ' 
cumulated fund to their credit until so called for. 

(Mode of Annulling Sales, S. 2^:65, R. S., 1904.)— In all ' 
cases of the sale of the school lands known as sixteenth sections, 
heretofore made, w^here the purchase money has not been paid, 
the purchaser or purchasers shall have the right to annul the ' 
sale upon application to the district court of the parish where • 
the land is situated ; provided, that the judgment of nullity shall ' 
be obtaine i at the cost of the applicant and contradictorily with 
the district attorney, in conjunction with the school director;^* 
of the district in which said land is situated, who shall be made 
a party defendant in such suit; provided, also, that it shall ap- 
pear upon the hearing that the value of the land has not been 
impaired by any act of the purchaser; and provided further, ■ 
that nothing in this act shall be so construed as to entitle the ] 
said purchaser to repayment of any part of the purchase money ' 
already paid. 

(Auditor's Duty in the Collection of Notes, S. 1, A. 
57, '84.)— It shall be the duty of the Auditor of Public Ac- 
counts, immediately on the passage of this act, to forward for 
collection to the treasurer of the school board in lhr-ir respective 
parishes thi-oughout the State, all the notes given for the pur- 
chase price of sixteenth sections, or any part thereoi", known as 
free school lands, whenever any installment of said purchase 



SCHOOL LAWS OF. LOUISIANA. 57 

price has become due or m'ay become due, and it shall be the 
duty of said treasurer of the parish school board to receiv'3 and 
receipt for same. 

(Parish Treasurer's Duty in the Collection op Notes^ 
S. 2, A. 57, '84.) — It shall be the duty of the treasurer of the 
parish school board, on receipt of the notes due and given for 
the said sixteenth sections, to immediately notify the principal 
and his sureties, in writing, of the amount of said note, princi- 
pal and interest, due and unpaid ; provided, said lands for which 
said notes were given are still in possession of the original pur- 
chaser, and if in the possession of other parties, such possessor 
shall also be likewise notified of all the demands, principal and 
interest, against said lands, and if all the demands against the 
same be not satisfied within thirty days from said notice, it 
shall be the duty of the treasurer of the parish school board to 
turn over said notes to the district attorney for said district, or 
other attorney selected by the school board, for suit; and, pro- 
vided further, that said notice shall serve as a bar to prescrip- 
tion, which shall only begin to run from the service of said 
notice. 

(Attorney's Duty in the Collection op Notes, S. 3, A. 
57, '84.) — It shall be the duty of the said attorney to proceed 
without dely, by all necessary legal processes, and without de- 
positing clerk's or sheriff's costs, or giving security therefor, 
to collect all such notes as may be turned over to him by saiJ. 
treasurer of the parish school board, and given for sixteenth 
sections, known as free school lands, and if any of the con- 
servatory writs should be found to be necessary in order to aid 
in said collection, it shall be lawful to issue the same, without 
giving bond as required in other cases. 

(Attorney's Compensation,- — S. 4, A. 57, '84.) — The said 
attorney shall receive ten per cent of all money collected by him 
on notes given for sixteenth sections, and after deducting said 
ten per cent he shall turn over the remainder to the treasurer 
of the school fund for the parish in which said lands are situ- 
ated, and the same shall be transmitted through the Auditor of 
Accounts, by said treasurer, to the State Treasurer; and any 
moneys thus received into the State Treasury from said collec- 
tions shall bear interest at the rate of four per cent per annum^ 
and be credited to the township to which the same belongs,, 
according to the provisions of the Act of Congress. 

(When Script May Issue, S. 2952, R. S. 1904.) — 
When such locations cannot be made, if deemed more ad- 
vantageous to the State, the Register, with the assent of the Fed- 
eral Government, is authorized* to issue scrip for such Jands, 
which scrip shall not be sold for a less amount tlian one dollar 
and twenty-five cents per acre. 

(Duty op the Auditor in Fixing Capital Due the Town- 



58 COMPILATION OF THE 

SHIPS, Res. 96, '86.) — It shall be the duty of the Auditor of Pub- 
lic Accounts, by the 1st day of January, 1887, to ascertain the 
amount of capital that may be due the several townships from 
the proceeds of the sales of sixteenth sections, made since the 
1st of January, 1880, and actually paid into the State Treas- 
ury. The amount thus ascertained shall be the capital upon 
which interest shall be thereafter allowed and paid out of the 
interest collected on the said bonds to the townships, the six- 
teenth sections of which have been sold since the 1st of January, 
1880, and the proceeds actually paid into the State Treasury, 
and the proceeds so paid invested as required by law. 

In calculating the interest due the several townships, no 
interest shall be allowed for fractions of the year during which 
the receipts shall have come into the treasury; but it shall com- 
mence at the beginning or the 1st of January of the next year. 

The interest due upon the capital ascertained as aforesaid, 
and the interest due upon subsequent sales, shall be paid to the 
township in the manner now provided for by law. It shall be 
the duty of the Auditor to furnish the Treasurer and Superin- 
tendent of Public Education with a statement of tlie amount due 
^ach township. 

(Trespass on Sixteenth Section, S. 1, 14, '82.) — Who- 
ever shall cut down, or remove for sale for hi« own iisP, or tiie 
use of another, any timber on any free .-olifKil J;^nd in this State, 
belonging to the State, known as sixteenth sections, shall be 
deemed guilty of a misdemeanor, and upon conviction shall be 
condemned to pay a fine of not less than fifty nor more than one 
thousand dollars, and in default of the same, be sentenced to 
imprisonment not less than ten days nor more than one year. 

(Same, S. 2, 141, '82.) — Whoever shall knowingly use, cul- 
tivate or inclose any free school land, known as the sixteenth sec- 
tion, without authority from the parish board of school directors, 
shall on conviction be 'condemned to pay a fine of not less than 
fifty nor more than one thousand dollars, and in default of the 
same be sentenced to imprisonment for not less than ten days 
nor more than one year. 

(Act 87, 1898, To Provide for the Sale of School Indem- 
nity Lands.) 

Section 2. Be it further enacted, etc.. That the Register of 
the State Land Office shallhave advertised for the sale at pub- 
lic auction, for thirty clear days, a list of the lands to be sold; 
the publication to be made in a newspaper published in the 
parish where the land to be sold is situated, and no land to be 
sold need be advertised in any paper outside of the parish 
where the land to be sold is situated ; provided that no improved 
lands shall be advertised under the foregoing provisions unless 
requested by the Board of School Directors of the parish in 
which the land is located. 



SCHOOL LAWS OF LOUISIANA. 59 

Section 3. Be it further enacted, etc., That the land shall 
be sold at public auction at the office of the Register of the State 
Land office and shall be adjudicated to the last and highest bid- 
der ; provided in no case shall it be sold for less than two dollars 
and a half per acre. 

Section 4. Be it further enacted, etc., That any land which 
fails to bring the price of two dollars and a half per acre when 
offered at auction shall thereafter be subject to private sale at 
two dollars and a half per acre. 

Section 5. Be it further enacted, etc.. That it shall be the 
duty of the Register to deposit in the State Treasury to the 
credit of the various school boards entitled to receive the same 
the proceeds of the sale of all indemnity school lands after pay- 
ing the expense of advertising. 

Act 217, 1902 : To Provide for the Sale of School In- 
demnity Lands. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, That all lands now owned by, or M^hich may 
hereafter inure to the State from the United States Government 
as indemnity for school lands, shall be disposed of as hereinafter 
provided. 

Sec. 2. Be it further enacted, etc.. That the Register of the 
Land Office shall cause to be advertised for sale at public auc- 
tion, for thirty clear days, a list of the lands to be sold, which 
have not already been advertised, the publication to be made in 
a newspaper published in the parish where the land to be sold is 
situated, and no land to be sold shall be advertised in any paper 
published outside of the parish where the same is situated. 

Sec. 3. Be it further enacted, etc.. That the Register shall 
adjudicate said lands at public auction to the last and highest 
bidder at his office and in case the land so offered for sale fails 
to bring at auction the price of two dollars and fifty cents 
($2.50) per acre the same shall be withdrawn and shall be there- 
after sold by him at private sale for two dollars and fifty cents 
per acre. 

Sec. 4. Be it further enacted, etc., That the Register shall 
not issue a patent to the purchaser of said land until he shall 
have paid into the hands of the State Treasurer the purchase 
price of said lands. 

Sec. 5. Be it further enacted, etc.. That in addition to the 
purchase price paid for said lands, the purchaser thereof shall 
pay to the Register the same fees as in other cases where a patent 
is issued, and out of the purchase price so paid, the Treasurer 
of the State shall pay the cost of advertising said property and 
place the balance thereof to the credit of the various school 
boards entitled to receive same. 

Sec. 6. Be it further enacted, etc.. That the provisions of 
this act shall not refer nor apply to applications for the entry 



60 COMPILATION OF THE 

and sale of School Indemnity Lands which may be pending in 
the State Land Office at the time of the passage of this act. 

See. 7. Be it further enacted, etc., That all laws and parts 
of laws in conflict or inconsistent with this act be and the same 
are hereby repealed. 

Free School Fund, S. 2957, R. S. 1904.)— The proceeds 
of all lands heretofore granted by the United States to this 
State for the use or support of schools, except the sixteenth sec- 
tion in the various townships of the State specially reserved by 
Congress for the use and benefit of the people therein; and all 
lands which may hereafter be granted or bequeathed to the 
State, and not specially granted or bequeathed for any other 
purpose, which hereafter may be disposed of by the State, and 
the ten per cent of the net proceeds of the sales of the public 
land which have accrued and are to accrue to this State under 
the act of Congress, en.titled "An Act to appropriate the pro- 
ceeds of the public lands," and to grant pre-emption rights, 
approved September 4, 1841 ; and the proceeds of the estates of 
deceased persons, to which the State has or may become entitled 
by law, shall be held by the State as a loan, and shall be and re- 
m,ain a perpetual fund, to be called the Free School Fund, on 
which the State shall pay an annual interest of six per cent; 
which interest, together with the interest of the Trust Fund de- 
posited with this State by the United States, under the act of 
Congress approved the 23d of June, 1836, with the rents of all 
unsold lands, except that of the sixteenth sections, shall be ap- 
propriated for the support of public schools in this State ; and 
donations of all kinds which shall be made for the support of 
schools, and such other means which the Legislature may from 
time to time set apart for school purposes, shall form a part of 
the fund, and shall also be a loan on which the State shall pay 
an interest of six per cent per annum. 

It shall be the duty of the Treasurer of the State to apply 
annually, and to receive from the General Government, the Sci"; l 
ten per cent of moneys now due and to become due to this State, 
and to place the same, when received, to the crdit of the proper 
fund, and to report thereon to each session of the General As- 
sembly. 

EDUCATIONAL LAND GRANTS BY THE UNITED 

STATES TO LOUISIANA AND OTHER 

STATES TO JUNE 30, 1880. 

GRANTS AND RESERVATIONS. 

The lands granted in the States and reserved in the Terri- 
tories for educational purposes by acts of Congress from 1785 
to June 30, 1880, were— 



SCHOOL LAWS OF LOUISIANA. 61 

FOR PUBLIC OR COMMON SCHOOLS. sj 

Every sixteenth section, of public land in the State admit- 
ted to 1848, and every sixteenth and thirty-sixth section of such 
land in States and Territories since organized — estimated at 
67,893,919 acres. 

FOR SEMINARIES OR UNIVERSITIES. 

The ciLiantity of two townships, or 46,080 acres, in each State 
or Territory containing public land, aiid, in some instances, a 
greater quantity, for the support of seminaries or schools of a • 
higher grade — estimated at 1,165,520 acres. 

FOR AGRICULTURAL AND MECHANICAL COLLEGES. 

The grant to all the States for agricultural and mechanical 
colleges, by act of July 2, 1862, and its supplements, of 30,000 
acres, for each Representative and Senator in Congress to which 
the State was entitled, of land "in place" where the State con- 
tained a sufficient quantity of public land subject to sale at 
ordinary private entry at the rate of .$1.25 per acre, and of scrip 
representing an equal number of acres where the State did not 
contain such description of land, the scrip to be sold by the State 
and located by its assignees on any such land in other States, 
and Territories, subject to certain restrictions. Land in place, 
1,770,000 acres ; land scrip, 7,830,000 ; total, 9,600,000 acres. 

In all, 78,659,439 acres for educational purposes under the 
heads above set out to June 30, 1880. 

The lands thus ceded to the several States were disposed of 
or are held for disposition, and the proceeds used as permanent 
endowments for common school funds. (See Reports of the 
Commissioner of Education, Hon. John Eaton, to June 30, 1880 ; 
land and auditor's reports of the several land States; Kiddle & 
Schem's Dictionary of Education; and also ninth census, E. A. 
Walker, Superintendent, for details of endowments of the sev- 
eral States for common schools resulting from the sales of 
United States land grants for education.) As an illustration, 
the State of Ohio has a permanent endowment for education, 
called the ''Irreducible State Debt," the result of sale of all 
granted lands for education, of $4,289,718.52. 

Act 45. 1904: To Carry into Effect Articles 235 x\nd 
'236 OF THE Constitution of 1898 Relative to Inheritance 
»• Taxes. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, That there is now and shall hereafter be 
levied, solely for the support of the public schools, a tax upon all 
inheritances, legacies and donations, provided, no direct inherit- 
ance, or donation, to an ascendant or descendant, below ten thou- 
sand dollars, in amount or value shall be so taxed; a 
special inheritance tax, of three per cent on direct inherit- 
ances and donations to ascendants or descendants and ten per 



g2 COMPILATION OF THE 

cent for collateral inheritances and donations to collaterals or 
strangers; provided bequests to educational, religious or char- 
itable institutions shall be exempt from this tax and provided 
further that this tax shall not be enforced when the property 
donated or inherited shall have borne its just proportion of 
taxes prior to the time of such donation or inheritance; this tax 
to be collected on all successions not finally close'! and aJiniuis- 
tered upon and on all successions hereafter opened. 

Section 2. Be it further enacted, etc., That it shall be the 
duty of different judges throughout the State exercising probate 
jurisdiction, to require satisfactory proof before them that the 
succession or estate is not liable to the inheritance tax, before 
they shall grant a discharge to the administrator, executor, or 
other officer in charge of said succession and before he shall 
grant an order placing the heirs in possession. 

Section 3. Be it further enacted, etc.. That in all cases 
where the inheritance tax appears to be due, it shall be the duty 
of the administrator, executor, or other officer in charge of the 
succession, or of the heir to pay over to the Tax Collector of the 
parish where the succession is opened the full amount of said 
inheritance tax and to present the receipt to the Judge before 
obtaining a discharge or of being put in possession of the estate ; 
the surety on the bond of the administrator, executor or other 
officer in charge of the estate shall be liable in soliclo with the 
officer for the full amount of the inheritance tax; such taxes 
shall be distributed to the several parislies in accordance with 
Article 248 of the Constitution. 

Section 4. Be it further enacted, etc.. That it shall be the 
duty of the parish superintendent and of the president of the 
school board of the City of New Orleans to see that this act be 
carried out, and that the full amount of the inheritance tax be 
duly collected, and it shall be the duty of the District Attorney 
for the various parishes throughout the State, when called upon 
bj" the parish superintendent or the president of the school board 
in the Parish of Orleans to take proceedings to enforce the pro- 
visions of this act. 

Section 5. Be it further enacted, etc.. That the funds thus 
realized shall not be budgeted against, except at the end of the 
year when the same shall have been realized, this being an uncer- 
tain and contingent source of revenue. 

Section 6. Be it further enacted, etc.. That this act shall 
take effect from and after its passage and all laws contrary 
thereto and in conflict with the same are hereby repealed. 

DONATIONS. 

(Donations Authorized, S. 1. 124, 1882.) — Any one can 
make a donation of any description of property and to any 
amount to trustees for educational, charitable or literary pur- 



SCHOOL LAWS OF LOUISIANA. 63. 

poses, or for the benefit of educational, charitable or literary in- 
stitutions whether already existing, or thereafter to be founded. 

(Conditions the Donor May Impose, S. 21, A. 124, 1882.) 
— The donor shall have the right to prescribe the number of trus- 
tees; the causes for which the trustees shall cease to be such; 
the manner in which vacancies shall be filled and the manner and 
formalities the trustees shall follow in transacting business. 

(Property Cannot be Made Inalienable^ S. 3, A. 124, '82.) 
- — The donor shall have the right to prescribe the manner in which 
the property donated shall be ^administered, and the objects to- 
which it or any part thereof, or the revenues thereof, shall be 
applied; provided, however, that property donated cannot be 
made inalienable ; but the donor thereof shall have the right tO' 
prescribe in what manner and under what circumstances the 
trustees shall be empowered to sell the same, or any portion 
thereof, or to change any investment once made. 

(Trustees to Organize in a Body Corporate^, S. 4, A. 
124, '82.) — The trustees named in the act of donation and their 
successors or substitutes, or such of them as are willing and may 
accept the trust, shall, upon complying with the laws of this; 
State, relative to the organization of corporations for literary, 
scientific, religious and charitable purposes, constitute a body 
corporate with the power of continuous succession ^nd unlimited 
duration, and with all the powers conferred upon corporations 
by said law or by custom; provided, however, that the require- 
ment of said law, as to the number of persons necessary for the 
formation of a corporation, shall not apply to such trustees; and, 
provided further, that if any of the trustees will not ''or cannot 
accept the trust, then such of those named as are willing, may 
accept, and, in the manner prescribed in the act of donation, pro- 
ceed to fill the vacancies up to the recpiired number. 

(When Trustees Fail to Accept, the Governor May 
Appoint Others, S. 5, A. 124, '82.) — Whenever there is an en- 
tire failure of the trustees to accept, the Governor of the State 
may name a number of persons equal to the number named by 
the donor, and who shall fill the places of, and be vested with 
all the powers conferred upon the trustees by said donor. 

(Duty op the Trustees, S." 6, A. 124, '82.)— The board of 
trustees shall administer the property entrusted to them in con- 
formity with the directions contained in the act of donation, 
and shall have all he powers needed in such administration ; but 
cannot mortgage nor encumber the donated property, except as- 
may be prescribed in the act of donation. And said trustees 
shall not be entitled to any remuneration for their services, un- 
less expressly granted in the act of donation. 

(Duty op Trustees Respecting Other Donations, S. 7,. 
A. 124, '82.) — Said board of trustees shall have the power to 
accept and administer other donations mortis causa or i7iter 



^4 COMPILATION OF THE 

vivos from the same or other, and to apply the same as may be 
prescribed in the subsequent act of donations. The administra- 
tion of such subsequent act of donations. The administration 
of such subsequent act of donations, to be governed by the 
directions contained in the subsequent act of donation. 

(FiDEi CoMMissAE, S. 8, A. 124, '82.) — The provisions con- 
tained in the Revised Civil Code, or other laws of the State rela- 
tive to substitutions fidei commissae or trust dispositions, shall 
not be deemed to apply to, or in any manner affect donations 
made for the j)urposes and in the manner provided by this act, 
and all laws or parts of laws conflicting with the provisions 6f 
this act, are repealed in so far as regards the purposes of this 
act, but not otherwise. 

(Disposition of Funds op Towns on the Recission of 
Their Charters, S. 6, A. 173, '94.) — If after paying all the 
debts of said town (upon the dissolution and recission of its 
charter) there shall remain any balance of money, the same shall 
"be turned over to the School Board of the parish to be used in 
the education of the children of school age residing within the 
territory covered by said town. 

(Prescription of Debts, Etc., S. 8, A. 103,. '80.) — The term 
of prescription of any and all debts, due to any charitable insti- 
tution in this State, and to any college fund, or any fund of any 
institution of learning, or to any fund bequeathed for charitable 
purposes of education, and of all debts contracted by borrowing 
the whole or part of any such funds, shall be thirty years; pro- 
vided, the debt is evidenced by w^riting. 

SPECIAL SOURCES OF REVENUE. 

Note — See Acts 253 to 260 for general sourcss of school revenues. 

1. Act 43 of '86. — Fines for the employment of children, 
young persons, and women in certain cases. 

2. Act 53 of '94. — Fine for hitching a noisy animal within 
i^ight hundred feet of a religious meeting. 

3. Act 85 of '94. — Residue from sale of unclaiujid nun-- 
chandise in warehouse. 

4. Act 124 of '90. — Residue from sale of unclaimed 
freight in railroad warehouse. 

5. Act 54 of '84. — From collection of notes on sixteenth 
section. 

6. Act 85, 1900. — Fines for violation of laws relative to 
"Protection of deer." 

7. Act 119, 1900. — Fines for violation of laws relative to 
"Protection of birds." 

8. Act 143, 1900. — Fines for violation of laws relative to 
■"Protection of sheep industry." 



SCHOOL LAWS OF LOUISIANA. 



65 



9. Act 65, 1902.— Fines for violation of laws relative to 
"Protection of game and anioals. " 

10. Act 124, 1902.— Proceeds from sale of "Sea marsh 
islands. ' ' 

11. Act 100, 1882.— Fine from failure of sheriff to comply 
with the law on "Open list of poll tax payables." 

12. Act 89, 1888. — Fine from failure of assessors to report 
to school board a list of polls. 

13. See S. 2957, R. S. 1904.— From "Land grants" other 
than the sixteenth section." 

14. Act 177, 1902.— From sale of "Internal improve- 
ment" Swamp Indemnity Lands and Certificates. 

SCHOOLS. 

(Graded and High Schools; One Dollar Assessment, S. 
11, A. 214, '02.)— The parish school board shall have authority to 
establish graded schools, and to adopt such a system in that con- 
nection as may be necessary to assure their success; central or 
high schools may be established when necessary. The ordinances 
establishing such schools adopted by the parish school boards 
shall be submitted to the State Board of Education, and no high 
school shall be opened without its sanction ; and no such school 
shall be established unless the amount be donated for the site, 
and suitable buildings are provided for without any expense out 
of the school fund ; provided, that the board of directors of the 
parish of Orleans shall not require the sanction of the State 
Board for the purposes aforesaid. The school boards shall have 
authority to assess and collect one dollar per annum on each 
family, surviving parent or guardian, who actualy sends a child) 
or children to the public schools of the district, to be collected 
in such manner as said board shall determine, which amount 
shall be used in providing the school house with fuel, and de- 
fraying the necessary expenses for the comfort of the school. 

(Free Passage Over Certain Streams for Pupils, S. 12, 
A. 214, '02.) — The free right of passage or conveyance over all 
public ferries, bridges and roads which are rented out by the 
State or parish, or over which the State or parish exercises any 
control, or for which license is paid or toll exacted, be and is 
hereby granted to all children on foot attending the public 
schools ; and no tolls or fees shall be demanded or exacted from 
said children by the keepers or attendants of said ferries, bridges 
or roads in their passage to and from school between the hours 
of 7 o'clock a. m. and 9 o'clock a. m., and 4 o'clock p. m., and 6 
o'clock p. m. ; provided, that on Sundays and holidays no chil- 
dren shall have the right to cross such ferries, bridges or roads 
on terms different from those of any ordinary passenger. 

(No School Open "WIith Fewer than Ten Pupils, S. 13,. 



QQ COMPILATION OF THE 

A. 214, '02.) — No school of less than ten pupils shall be opened 
or maintained in any locality. 

(Branches to be Taught; French,. S. 23, A. 214, '02.) — 
The branches of orthography, reading, writing, drawing, arith- 
metic, geography, grammar. United States history, the laws of 
health, including the evil effects of alcohol and narcotics, shall 
be taught in every district. In addition to these, such other 
branches shall be taught as the State Board of Education and 
the parish school boards may require; provided, that these ele- 
mentary branches may also be taught in the French language 
in those localities where the French language is spoken; but no 
additional expense shall be incurred for this cause. No public 
school in the State shall be opened later than 9 a. m. or closed 
earlier than 3 p. m. ; this shall not be construed so as to prevent 
half day sessions where the school accommodations are insuffi- 
cient for all the pupils of the district in a whole day session. 
Nor shall it interfere with any arrangement made for the con- 
duct of the Kindergarten Schools; provided, that in the parish 
of Orleans the board of school directors may fix the hoiirs of 
session of the public schools. 

(Hygiene and Temperance, S. 1, A. 40, '88.) — In addition 
to the branches, in which instruction is now given in the public 
schools, instruction shall also be given as to the nature of alco- 
holic drinks and narcotics, and special instruction as to their 
effects upon the human system in connection with the several 
divisions of the subject of relatiye physiology and hygiene, and 
such subjects shall be taught as regularly as other branches are 
taught in said schools. Such instruction shall be given orally 
from a text book in the hand of the teacher, to pupils who are 
not able to read, and shall be given by the use of text books in 
the hands of the pupils in the case of those who are able to read, 
and such instruction shall be given as aforesaid to all pupils in 
all public schools in the State, to all the grades until completed 
in the high schools. 

(Text Books, S. 2, A. 40, '88.)— The text books used for 
the instruction required to be given by the preceding section {re- 
ferring to the law in regard to the teaching of Hygiene and 
Temperance,) shall give at least one-fourth of their space to the 
consideration of the nature and effects of alcoholic drinks and 
narcotics; and the books used in the highest grades of graded 
schools shall contain at least twenty pages of matter relating to 
this subject. 

Text books on physiology in use in the schools or at the 
time this act takes effect, which are not in accordance with the 
requirements of this section, shall be changed for books satis- 
fying the requirements of this section, except when previous 
contracts as to such text books now in force. 

(School HoLroAYS, Act 3, 1904.) — The following shall be 



SCHOOL LAWS OF LOUISIANA. 67 

considered as days of public rest and legal holidays and half 
holidays in this State, and no others, namely : 

Sundays, the first of January, the eighth of January, the 
twenty-second of February, Good Friday, June 3d, to be known 
as Confederate Memorial Day, the fourth of Jul}'', the first of 
November, the twenty-fifth of December, Thanksgiving Day, as 
designated by the President of the United_ States, and all gen- 
eral election days, whether Presidential, Congressional, State, 
municipal or parochial, in the localities where said elections are 
held, and, in the Parish of Orleans, Mardi Gras, and the first 
]\/Ijonday of September, to be known as Labor Day ; and also, in 
cities and towns where the population shall exceed fifteen thou- 
sand, every Saturday, from twelve o'clock noon, until twelve 
o'clock midnight, to be known as a half holiday ; and in all cities 
and towns whose population exceed fifty thousand, whenever the 
first of January, the eighth of January, the twenty-second of 
February, June 3d, the fourth of July, the first of November, 
and the twenty-fifth of December, shall fall on a Sunday, the 
succeeding day shall be a legal holiday. 

CITY SCHOOLS. 

Note. — Sec. 73 is part of Act 167, 1904. All others included between 
Sees. 71 and 81 inclusive, are parts of Act 214, '02. 

Sec. 71. Be it further enacted, etc., That all the public 
schools of the Parish of Orleans, and the property and appur- 
tenances thereof, and the course of study and grading thereof, 
shall be under the direction and control of a board of directors. 
Said board shall consist of twenty members, eight of whom shall 
be appointed by the Governor, by and with the consent and ap- 
proval of the State Board of Education, and twelve members 
thereof shall be elected by the city council of New Orleans. The 
members of said board shall hold office during four years after 
their appointment and election, except as hereinafter provided, 
and until their successors are appointed or elected and qualified. 
On the first organization of said board by the members thereof, 
who shall be appointed and elected on the passage hereof, and 
in the manner aforesaid, the members shall be divided into four 
classes by such method as they may choose, each class to consist 
■of three members elected by the city council and two members 
appointed by the Governor, by and with the consent and ap- 
proval of the State Board of Education, whose term shall ex- 
pire respectively in one, two, three and four years, and whose 
successors shall be elected and appointed for four years, and in 
the manner set forth above; so that one-fourth of the member- 
ship of said board shall expire, and be elected and appointed 
annually. Vacancies in membership shall be filled by the ap- 
pointive or- elective power, and shall be for the unexpired term 
of the membership so filled. 



58 COMPILATION OF THE 

Sec. 72. Be it further enacted, etc., That said board of 
directors of the public schools of the parish of Orleans shall be 
a body corporate in law, with power to sue and be sued. Eleven 
members sliall constitute a quorum for the transaction of busi- 
ness. Leg-al process shall be served on the president; in his: 
absence or inability to act, on the vice president. The city at- 
torney shall act as attorney for the board. The board shall be 
organized within ten days after its appointment, with a presi- 
dent and vice president chosen from among its members, and a 
secretary, who shall not be a member of the board. In addition 
to the duties of his office, which may be fully prescribed by the 
board, the secretary shall make a quarterly report to the State 
Superintendent of Education of the cost of maintaining the city 
schools, and shall keep the accounts of said board in such man- 
ner as to be in strict accordance with such budget as it may 
adopt, certifying to said board at each monthly meeting the 
expenses of said board for each current month. Said board shall 
have control of all buildings, records, papers, furniture and 
property of any kind pertaining to the administration of the 
schools, and shall have management of all the public schools 
wdthin the limits of the City of New Orleans. The said board 
shall also have power to pledge its revenues for the year then 
current, whether received from the State, parish, Board of 
Liquidation of City Debt, or otherwise, for the purpose of 
promptly paying its obligations, or for such other purposes as 
to said board may seem proper. 

Sec. 73. Be it further enacted, etc., That in addition to the 
powers and duties hereinbefore granted to and imposed upon 
parish boards, the powers and duties of said board of directors 
of the Parish of Orleans shall be as follows : 

First. It shall adjust and fix equitably the salaries of 
teachers and janitors, secretary, employees, and of such assist- 
ant superintendents as it may deem necessary for an efficient 
supervision of the school. 

Second. It shall limit the annual expenses of maintaining^ 
the schools to the annual revenue, and the expense for any one 
month shall not exceed the one-ninth part of the whole amount 
provided for the schools. 

Third. It shall prescribe rules for subjecting teachers or 
candidates for teacherships to a careful competitive examina- 
tion on all g-uch branches as they are expected, to teach, and no 
person shall be elected to a position as teacher without a favor- 
able report on his moral or mental qualifications by an organized 
committee of examiners appointed by the board. Teachers regu- 
larly examined and elected shall not be removed from the schools 
during the time for which employed, except on written charges 
of immorality, neglect of duty, incompetency or malfeasance of 
which he has been found guilty by a majority of the members 



SCHOOL LAWS OF LOUISIANA. 69 

of the board at a regular monthly meeting. The said board may 
■except from said examination any person who has passed a satis- 
factory examination, as required by Act No. 23 of 1877, ap- 
proved March twenty-sixth (26th), eighteen hundred and seven- 
ty-seven (1877). 

Fourth. It shall elect all teachers from among the candi- 
dates holding certificates in the order of their merit, as shown 
by the averages attained at the regular competitive examina- 
tions. 

Fifth. All certificates shall be good for five years and shall 
be graded by the said board; provided, teachers in service shall 
not be required to stand future examinations. 

Sixth. It 'shall hold regular monthly meetings on a day 
fixed by it. 

Seventh. It shall declare vacant the position of any of its 
members who shall have failed to perform the duties assigned 
to him, or shall have absented himself from two successive 
monthly meetings of the board without leave, or shall have been 
guilty of any breach of decorum, or of any other act inconsist- 
ent Avith the dignity of a school director ; and it shall report each 
vacancy to the body by which delinquent member shall have 
been previously elected or appointed; it shall be the duty of the 
board of directors of city schools elected and appointed under 
the provisions of this act to examine and scrutinize personally 
the accounts of their predecessors, in order to find out if their 
administration of the school funds committed to their charge 
for disbursement has been in accordance with law, so that in the 
future a proper administration of the city schools may be had. 

Eighth. It may establish, when practicable, evening or 
night schools for the instruction of such youth as are prevented 
by their daily vocation from receiving instructions during the 
day. 

Ninth. It may establish, when deemed advisable, one or 
more normal schools for the professional training and improve- 
ment of candidates for teacherships, including the course of in- 
struction and training, lectures in the natural sciences, and on 
the method of teaching and disciplining children, and the prac- 
tical exercises of non-teaching students in model classes organ- 
ized for that purpose by the faculty of the institution. To 
graduates of these normal schools, also to proficient students in 
the city high schools the board may, at its discretion, award 
diplomas. Graduates of these normal schools may be deemed 
preferred candidates for vacant positions in the city public 
•schools. Diplomas awarded to graduates of these normal schools 
•shall be deemed equivalent to teaching certificates of the highest 
grade for public schools; provided, that the final examinations 
for graduation from said normal school shall be conducted in the 
same manner and include the same subjects as the public com- 



70 COMPILATION OF THE 

petitive examinations required by paragraph three (3) of this 
section. 

Sec. 74. Be it further enacted, etc., That no school director 
of the City of New Orleans shall receive compensation for his 
services as school director. 

Sec. 75. Be it further enacted, etc., That the said board is 
authorized to appoint for the constant supervision and periodical 
examinations of the public schools of the Parish of Orleans, a 
competent and experienced educator to be designated as superin- 
tendant. He shall aid the directors in organizing the schools 
and in improving the methods of instruction therein, in examin- 
ing candidates for teacherships, and in conducting periodical 
examinations of pupils for promotion through the respective 
grades of the schools, and in maintaining general uniformity and 
discipline in the management of all the schools. He shall make 
"monthly reports on the condition and needs of the schools to his 
board of directors at their regular monthly meetings. For the 
information of the Conunon Council, the city school directors, 
and the public generally, he shall, on or before the fifteenth day 
of January of each year, publish a printed report, in book form, 
showing the condition and progress, and possible improvements 
to be made in the public schools of the city, the amount and con- 
dition of the school funds, how the revenues have been dis- 
tributed during the past year, the amount collected and dis- 
bursed for common school purposes from the general current 
school fund of the State, from local taxation or appropriation, 
and from all the other sources of revenue, and how the same was 
expended for buildings, repairs, salaries, furniture, and appa- 
ratus, and all other items of expenditure. The report shall show 
also, the number of pupils enrolled, male, female, white and col- 
ored, the number and location of school houses, the number of 
teachers employed in the various grades, in the normal, high, 
grammar, primary, and kindergarten schools ; it shall contain 
also, an account of examinations held for teacherships, the num- 
ber of certificates of each grade awarded, the names of appli- 
cants who received them, and generally all other items of infor- 
mation which should be contained in a report upon the annual 
operation of the school system of a large "city. Copies' of this 
report shall be forwarded, one each, to the Governor and mem- 
bers of the State Board of Education, the State Superintendent 
of Education, the members of the Connnon Council of the City 
of New Orleans, members of the Board of School Directors of the 
City of New Orleans, and to other officials and persons interested 
in the welfare and progress of the city schools. Whenever notified 
to be present, he shall attend meetings of the State Board oT 
Education. He shall hold his office for the term of four years, 
subject to removal by the board for incompetency, neglect of 
duty or malfeasance, of which, after an impartial hearing by- 



SCHOOL LAWS OF LOUISIANA. 71 

the board, he shall have been adjudged guilty. Pie shall be ex- 
officio a member of said board, entitled to participate in its de- 
liberations and debates, and in the examination of candidates- 
for teachership ; but he shall not cast a vote in the board. 

Sec. 76. Be it further enacted, etc., That the treasurer of 
the City of New Orleans shall ex-officio be the treasurer of said 
board and shall receive all funds apportioned by the State tO' 
such city, or received or collected for the support of the free pub- 
lic schools from any and all sources. He shall ^ve bond, with 
good and solvent security in the sum of ten thousand dollars 
($10,000) in favor of the president of said board and his suc- 
' cessors in office, to be accepted and approved by said board and 
recorded in the mortgage office of the parish, and which bond 
shall then be filed and kept on record in the office of the said 
board. The filing of said bond, and taking and filing the usual 
oath of office before any officer authorized to administer the 
same, shall qualify the treasurer to act. 

Sec. 77. Be it further enacted, etc., That said treasurer 
shall hold his office for four years, or during his term of office 
as city treasurer, unless sooner removed after due trial and hear- 
ing by the said board, for neglect of duty or malfeasance in 
office ; and, in case of removal by the board, it shall elect a treas- 
urer who shall not be a member. He shall receive the sum of 
six hundred dollars per annum for the trouble and expense 
which may be incurred by him in the discharge of the duties 
imposed under this Act, payable monthly. He shall keep his 
office open at all such times as may be prescribed by said board, 
for the payment of pay rolls or checks in favor of teachers and 
other employes of the board. 

Sec. 78. Be it further enacted, etc., That the mayor, treas- 
urer and comptroller of the City of New Orleans shall be ex- 
officio members of the said board and entitled to take part in 
all the debates and deliberations in said board on the ways and 
means for maintaining the public schools of said parish, but 
they shall not have the right to vote. 

Sec. 79. Be it further enacted, etc., That in addition to 
the duties imposed upon the parish board of directors, it shall 
be the duty of said board for the Parish of Orleans to present 
to the Common Council of the City of NeAv Orleans, on the 10th 
day of December of each year, a full report of the condition of 
the city schools, showing the number of teachers and other em- 
ployees and their salaries ; the number and location of school 
houses, with the condition thereof, and the estimated cost of 
keeping all appurtenant grounds in good repair during the en- 
suing year, also a detailed exhibit of all receipts and expendi- 
tures of the board for the schools during the previous twelve 
months; said report shall be accompanied with a statement certi- 
fied by the officers of the board of the daily average attendance 



72 COMPILATION OF THE 

of pupils during the annual session, and the average expenses 
per capita of their instruction. 

Sec. 80. Be it further enacted, etc., That it shall be the 
duty of the Common Council of the City of New Orleans, in 
making up their budget of annual expenses, to include therein 
the amount necessary to meet the expenses of the schools, as 
shown by the statement of the actual attendance, and the cost 
of instruction required by the preceding section, with such ad- 
ditional allowance for probable increased attendance and contin- 
gent expenses as may seem just and reasonable to the City Coun- 
cil, and to keep in good repair all school houses and school 
grounds belonging to the city. 

Sec. 81. Be it further enacted, etc.. That this Act shall go 
into effect from and after its passage; and nothing in this Act 
shall be so construed as to vacate the office of any teacher until 
the expiration of the term for which he or she shall have been 
appointed under existing laws, nor as requiritig such persons 
now teaching in the public schools of the City of New Orleans, 
to qualify in accordance with this Act, or to pass such examina- 
tions as are otherwise demanded by paragraph five of Section 
75, and that all laws in conflict with the provisions of this Act, 
be, and the same are hereby repealed; except Acts passed at the 
present session of the General Assembly. Provided further, that 
the adoption and promulgation of this Act will not interfere 
with the present organization of the New Orleans Board, but 
that said board and its members shall continue in office and, 
vacate office as now provided in Section 62 of Act 81 of 1888, 
as if this law had not been enacted. 

(City Council Authorized to Establish, S. 1377, R. S.) 
— The conunon council of the City of New Orleans are author- 
ized to establish one or more public schools in each district, for 
the gratuitous education of the children residing therein ; to 
enact ordinances for the organization, government and discipline 
of the same, and to levy taxes for their support, as to them may 
seem proper. 

(Report to State Superintendent, S. 1378, R. S.) — The 
council shall make a report annually to the Superintendent of 
Public Education of the disposition of the school funds, and 
communicate all other information respecting public education 
which they may possess and which may be called for by him. 

BENEFICIARY STUDENTS. 

Louisiana State University and Agricultural and Me- 
chanical College, A. 100, '86. 

(Beneficiary Cadets.) — Each parish, as now created or 
that may hereafter be created in the State, shall have the right 
to delegate to the Louisiana State University and Agricultural 



SCHOOL LAWS OF LOUISIANA. 73 



and Mechanical College one beneficiary cadet, and the city of 
New Orleans shall have the right to delegate to said institution 
seventeen beneficiary cadets; or one from each ward of said 
■city, said beneficiaries to remain at said institution four years, 
unless sooner graduated or otherwise discharged; provided, that 
no beneficiary cadet shall be permitted to resign from said insti- 
tution, without the consent of the board of supervisors thereof, 
which consent shall be given only in a case of urgent necessity, 
such as serious and long protracted ill health, duly declared by 
the certificate of the surgeon of said institution, or other compe- 
tent physician, be of such a nature as to render it impossible for 
said cadet to pursue his studies with advantage. 

(Police Juries and City Council to Elect Bene- 
j'lCiARiES.) — The police jury of each parish and the city council 
of New Orleans, respectively, may, at a regular meeting, elect 
the number of beneficiary cadets to which said parish or city is 
•entitled as aforesaid, of such age and qualifications as may be 
prescribed by the board of supervisors for admission to the col- 
lege classes of said University and Agricultural and Mechanical 
College; and shall cause the beneficiary so selected to report in 
person at said institution on or before said 5th day of October/ 
provided, that said beneficiary cadets shall be selected from the 
number of those residents of said parish or of said city, who 
Tiave not themselves, nor have their parents, the means of defray- 
ing the whole of their necessary expenses of maintenance and 
support at said institution, which facts shall be duly certified 
to the president of said institution, by the president of said 
police jury, or said city council of New Orleans, as true, to the 
l)est of his knowledge and belief. 

(Authority of the Police Juries and City Council op 
New Orleans to Appropriate Funds for Beneficiaries.) — For 
maintenance and board of said beneficiaries in said institution, 
the police juries of the several parishes and the city council of 
the City of New Orleans, be and are hereby authorized and em- 
powered to appropriate out of their respective treasuries, a 
sufficient sum to defray the necessary expenses of said cadets as 
appointed under the provisions of this act; provided, that the 
■expense of no cadet shall exceed two hundred and fifty dollars 
($250) per annum; provided, that under no circumstances shall 
any part of this sum be paid by the State. 

(Conditions to the Benefit of Scholarships.) — In order 
to take advantage of the right granted to each parish and to 
the City of New Orleans, in section 200 of this act, each parish 
and city shall make an appropriation of $150 per annum out of 
any money in its treasury for the maintenance and board in said 
institution of each beneficiary cadet delegated by said parish or 
said city, said sum to be paid to the treasurer of such institution 
before the admission of said cadet; and the power to make such 



74 COMPILATION OF THE 



appropriation is hereby granted to the police juries of the sev- 
eral parishes and to the city council of New Orleans. 

TuLANE University Scholarships, Act 43, '84. 

Sec. 237. (Scholarships to be Granted.) — In considera- 
tion of the vesting of the administration of the University of 
Louisiana in the said administrators of the "Tulane Education 
Fund," of the transfer of the rights, powers, privileges, fran- 
chises and immunities of the said university to said administra- 
tors and of the exemption from all taxation as herein above pro- 
vided, the said administrators hereby agree and bind them- 
selves, with the revenues and income of the property heretofore 
given them by Paul Tulane, Esq., as well as from the revenues 
of all other property, real, personal, or mixed, hereafter to be 
held, owned or controlled by them, for the purposes of educa- 
tion, to develop, foster, and maintain, to the best of their ability 
and judgment, the University of Louisiana, hereafter to be 
known as the "Tulane University of Louisiana," and upon the 
adoption of the constitutional amendment aforesaid, to per- 
petually use the powers conferred by this act, and all power 
vested in them, for the purpose of creating and maintaining in 
the City of New Orleans a great university, devoted to the in- 
tellectual, moral and industrial education and advancement of 
the youth of this State, under the terms of the donation of Paul 
Tulane, and the previous provisions of this act. The said board 
further agree and bind themselves to waive all legal claim upon 
the State of Louisiana for any appropriation, as provided in 
the Constitution of this State, in favor of the University of 
Louisiana. Besides the waiver of the claim, as aforesaid, as an 
additional consideration between the parties of this act, the said 
board agrees to give continuously, in the academic department, 
free tuition to one student from each senatorial and from each 
representative district or parish, to be nominated by its member 
in the General Assembly from among the hona fide citizens and 
residents of his district or parish, who shall comply with the 
requirements for admission established by said board. The 
meaning of this provision being that each member of the Gen- 
eral Assembly, whether Senator or Representative, shall have 
the right of appointing one student, in accordance with the 
foregoing provisions. The free tuition herein provided for 
shall continue until each student has graduated from the 
academic department, unless his scholarship has ceased from 
other causes. Whenever a scholarship becomes vacant, from any 
cause, the Senator or Representativve who appointed the pre- 
vious student, or his successor, shall, in the manner prescribed 
by this section, immediately name a successor. 

(Beneficiary Students to Other State Schools, A. 158, 
'02.) — Each police jury of the several parishes of the State 
shall have the right to delegate to the Louisiana Industrial In- 



SCHOOL LAWS OF LOUISIANA. 75 

stitute at Ruston, or the Southwestern Louisiana Industrial In- 
stitute at Lafayette or the State Normal School, one (1) female 
student, and the City of New Orleans shall have the right ta 
delegate to said institutions one female student from each ward 
of said city, said beneficiaries to remain at said institutions 
until graduated or otherwise discharged ; provided no beneficiary 
shall be permitted to resign without consent of the board of 
supervisors of the institute, which consent shall be given only 
in ease of urgent necessity such as serious and long protracted 
ill health, duly declared by certificate of the physician of such, 
institute or other competent physician, to be of such nature as 
to render it impossible for said student to pursue her studies 
with advantage. 

Sec. 2. Be it further enacted, etc.. That the police jury 
of each parish and the city council of New Orleans, respectively, 
may at a regular meeting select said beneficiaries subject to and 
after competitive examination and of such age and cjualifica- 
tions as is prescribed by the rules of such institutes; provided 
said beneficiaries shall be residents of such parish or wards who 
have not themselves nor have their parents the means of defray- 
ing the whole of the necessary expenses of maintenance and sup- 
port at said institute, which fact shall be duly certified to by 
the president of the policy jury or ward of said city. 

Sec. 3. Be it further enacted, etc., That for the main- 
tenance and board of said beneficiaries at said institutes, the 
police jury of the several parishes and the city council of New 
Orleans, be and are hereby authorized and empowered to appro- 
priate out of their respective treasuries a sufficient sum to defrays 
the necessary expenses of said students as appointed under pro- 
visions of this act ; provided the expenses of no beneficiary shall 
exceed two hundred and fifty dollars ($250) per annum. 

STATE SCHOOLS. 

Note. — Under this head we give the number of acts of establishment, 
etc., believing that those desiring this information ijrefer having the law 
in full, which may be obtained from copies of the Statutes. We also in- 
cluds a few sections of the laws which are of interest to the general 
public. 

Louisiana State University and A. & M. College, Act 
47, 70; A. 14, '67; A. 96, '60; A. 121, '69; A. 228, '58; A. 303, 
'67; A. 72, '69; A. 145, '76; A. 20, '75; A. 65, '77; A. 125, '74^ 
A. 141, '94; A. 75, '96; A. 152, '02; A. 100, '86; (See Con. '98.) 

(Object op the Institution, Act 145, '77.) — The Lou- 
isiana State University and Agricultural and Mechanical Col- 
lege, as hereinbefore created, shall have for its object to become 
an institution of learning, in the broadest and highest sense, 
where literature, science and all the arts may be taught; where 
the principles of truth and honor may be established, and a. 



76 COMPILATION OF THE 

noble sense of personal and patriotic and religions dnty incul- 
cated; in fine, to fit the citizen to perform justly, skillfully, and 
magnanimously all the offices, both private and public, of peace 
and war. 

(General Instruction, Act 145, 77.) — The Louisiana 
State University and Agricultural and Mechanical College, as 
hereinbefore created, shall provide general instruction and edu- 
cation in all the departments of literature, science, art, and in- 
dustrial and professional pursuits ; and it shall provide special 
instruction for the purpose of agriculture, the mechanic arts, 
mining, military science and art, civil engineering, law, medi- 
cine, commercial and navigation. 

Note. — See L. S. U. catalogue for degrees conferred. 

(Branches to be Taught, Act 145, 77.) — There shall be 
maintained in the Louisiana State University and Agricultural 
and Mechanical College, as hereinbefore constituted and estab- 
lished : 

First — Schools of literature, including the languages of the 
principal nations of ancient and modern times, philosophy, logic, 
rhetoric and elocution, history, ethics, metaphysics and such 
•other and special branches of learning as the board of super- 
visors may determine. 

Second — Schools of science, including mathematics, as- 
tronomy, engineering, architecture, drawing, physics, chemistry, 
botany, zoology, agriculture, mechanics, mining, navigation and 
commerce, and such other special branches of learning as the 
board of supervisors may determine. 

Third — Schools of the useful and fine arts, and of military 
science and art. 

Fourth — Schools of medicine and law. 

Fifth — Such other schools as the board of supervisors may 
establish. 

(Affiliation With Any Incorporated Institution, Act 
145, 77.) — The board of supervisors may affiliate with the Lou- 
isiana State University and Agricultural and Mechanical Col- 
lege any incorporated university or college, or school of medi- 
cine, law or other special course of instruction, upon such terms 
as may be deemed expedient; and such university, college or 
school may retain the control of its own property, have its own 
board of trustees, faculties and president respectively; and the 
students of such universities, colleges or schools recommended 
by the respective faculties thereof, may receive from the Louis- 
iana State University and Agricultural and Mechanical College, 
the degrees of those universities, colleges or schools, and the said 
students of learning or special schools, thus graduated, shall 
rank as graduates of the Louisiana State University and Agri- 
<cultural and Mechanical College. 
Note. — See "Beneficiary Students." 



SCHOOL LAWS OF LOUISIANA. 77- 

(Instkuction in Military Science, Act 67, '60.) — ^^In the 
course of study pursued at the Uuiversity, the board of super- 
visors shall cause instruction to be given in the military 
branches of science. The students shall be styled cadets, and 
shall form a military corps, under the command of the president 
and such other professors as may be assigned to that branch of 
instruction. They shall constitute a guard for all public 
property, arms, or munitions now there or which may hereafter 
be assembled there; and the president shall receipt for all such 
property, arms or munitions, and shall obey all orders relative 
to their preservation or delivery that he may receive from the- 
Governor of the State. 

STATE NORMAL SCHOOL. 

State Normal School, Act 73, '92; A. 61, '86; A. 23, '88; 
A. 70, '02; A. 91, '96; A. 158, '02; A. 51, '84. (See Con. '98.) 

(Object— To Whom Open, S. 154, A. 73, '92.)— The State 
Normal School, located at Natchitoches, in the Parish of Natchi- 
toches, in conformity with sections 4 and 8 of Act No. 51 of 
1884, shall have for its object to train teachers for the public 
schools of Louisiana, and shall be open to white persons of either 
sex of age and qualifications as may be hereinafter prescribed. 

(Departments and Classes, S. 159, A. 73, '92.) — The 
State Normal School shall contain two departments, the Normal 
Department and the Practice School. The course, of study of" 
the Normal Department may extend over a period of four years, 
and shall embrace thorough instruction and training in the 
history and science of education, the theory and practice of"^ 
teaching, the organization and government of schools and such 
other branches of knowledge as may be deemed necessary to fit 
the students for the varied work of a complete system of public 
schools. The Practice School shall consist of such grades or 
classes, with such course of study, as the Board of Adminis- 
trators may deem useful in giving the Normal students the nec- 
essary practice in the art of teaching. 

(Qualifications for Admisssion, S. 160, A. 73, '92.) — ■ 
Applicants for admission to the Normal Department must be at 
least fifteen years of age if female, and sixteen years of age if 
male; must give satisfactory evidence of good moral character 
and of requisite proficiency in the ordinary branches of a good 
common school education ; and must declare in writing their full 
intention of continuing in the school until graduation, unless 
sooner discharged, and of teaching in the public schools of Lou- 
isiana for at least one year after graduation. 

(Tuition Free, Except in Some Instances, S. 161, A. 73, 
'92.) — Tuition shall be free to all students of the Normal De- 
partment who fulfill all the requirements imposed by Section 
160 of this Act, and to the pupils of the primary grades of the 
Practice School. All other students shall be charged such fees 



78 COMPILATION OF THE 

for tuition as may be prescribed by the board of administrators. 
(State Normal School Diplomas, Act 91, '96.) — The 
Board of Administrators of the State Normal School is hereby 
empowered to confer diplomas upon all graduates of said school. 
This diploma shall entitle the holder to a first grade teacher's 
certificate without examination, and shall be valid in any part 
of the State for four years from the date of graduation, after 
the expiration of which time it may be renewed every four 
years, for the same period, by said Board of Administrators 
upon satisfactory evidence of the ability, progress and moral 
character of the teacher making application for such renewal. 
Furthermore, the diploma of the State Normal School shall 
entitle its holder to such degree of preference in the selection 
of teachers for the Public Schools of the State as may be 
deemed wise and expedient by the State Board of Education. 
See. 2. Be it further enacted, etc.. That all laws, or parts 
of laws, in conflict with the provisions of this act be and the 
same are hereby repealed. 

Note.— See "Beneficiary Students." 

LOUISIANA INDUSTRIAL INSTITUTE. 

Louisiana Industrial Institute, Act 68, '94; A. 158, '02. 
(See Con. '98.) 

(Industrial College — Object, Location, Privilege, A. 
68, '94.) — An Industrial Institute and College is hereby estab- 
lished for the education of the white children of the State of 
Louisiana in the arts and sciences. Said Institute shall be known 
as "The Industrial Institute and College of Louisiana," and 
shall be located at Ruston, Lincoln parish, La., provided said 
town and parish shall donate ten thousand dollars ($10,000) to 
said Institute, and the same shall be organized as hereinafter 
provided. (See Con. '98, name.) 

(Branches to be Taught, A. 68, '94.) — The said board 
of trustees shall possess all the power necessary and proper for 
the accomplishment of the trust reposed in them, viz : The estab- 
lishment of a first-class Industrial Institute and College for the 
education of the white children of Louisiana in the arts and 
sciences, at which such children may acquire a thorough 
academic and literary education, together with a knowl-edge of 
kindergarten instruction, of telegraphy, stenography and pho- 
tography, of drawing, painting, designing and engraving in 
their industrial application ; also a knowledge of fancy, practical 
and general needle work; also a knowledge of book-keeping and 
agricultural and mechanical arts, together with such other prac- 
tical industries as from time to time may be suggested to them 
by experience, or such as Avill tend to promote the general ob^ 
jects of said institute and college to-wit : Fitting and preparing 



SCHOOL LAWS OF LOUISIANA. 79 

such children, male and female, for the practical industries of 
the age. 

Note. — See "Beneficiary Students." 

Note. — See catalogue for conditions of aduiission. 

SOUTHWESTERN LOUISIANA INDUSTRIAL 
INSTITUTE. 

Southwestern -Louisiana Industrial Institute, A. 
162, '98; A. 158, '02. 

(Establishment, A. 162, '98.) — Be it enacted by the Gen- 
eral Assembly of the State of Louisiana, That a State Indus- 
trial Institute is hereby established for the education of the 
white children of the State of Louisiana, in the arts and sci- 
ences. 

Said Institute shall be known as the "Southwestern Lou- 
isiana Industrial Institute," and shall be located in that parish 
of the 13th Senatorial District which will offer the best induce- 
ment therefor to the Board of Trustees, said location to be 
made by the Board to be appointed under this act, provided 
that the parish selected for the location of said Institution shall 
donate not less than twenty-five acres of land and Five Thou- 
sand Dollars to said Institution, and the same shall be organized 
as hereinafter provided; provided further that in case two or 
more of said parishes offer the same inducements then the Board 
of Trustees shall select, by a majority vote, the most suitable 
location and make report thereof to the General Assembly of 
the State of Louisiana, at its next session, together with such 
recommendations as may be conducive to the best interests of 
said institution. 

(Branches Taught, Etc.)— The Board of Trustees shall 
possess all the powers necessary and proper for the accomplish- 
ment of the trust reposed in them, viz: The establishment of a 
first-class Industrial Institute for the education of the white 
children of Louisiana in the arts and sciences, at which such 
children may acquire a thorough academic and literary educa- 
tion, together with a knowledge of kindergarten instruction, of 
telegraphy, stenography and photography, of drawing, painting, 
designing and engraving in their industrial applications; also 
a knowledge of fancy, practical and general needle-work; also 
a knowledge of book-keeping and agricultural and mechanical 
art together with such other practical industries as, from time 
to time, may be suggested to them by experience, or such as will 
tend to promote the general object of said institute, to-wit : Fit- 
ting and preparing such children, male and female, for prac- 
tical industries of life. 



8Q COMPILATION OF THE 

TULANE UNIVERSITY. 

JNOTE. — See "Beneficiary Students," also catalogue for conditions of 
admission of students. 

*TuLANE University of LouisiaNxV, A. 43, '84; A. 94, '90; 
A. 81, '60; A.320, '55; A. 267, '55; A. 269, '55. (See Con. '98.) 

(Departments of the University, S. 1353, R. S.) — The 
University shall be composed of the following departments or 
faculties, to-wit : Law, Medicine, the Natural Sciences, Letters, 
and College proper, or Academical Department; all of which, as. 
the resources of the University increase, shall be completed and 
the administrators, excepting the Medical Department, which 
shall be composed of and formed by the Medical College of 
Louisiana, as at present organized and established by law ; which 
said Department, as hereafte provided for, shall be engrafted 
on the University, and be conducted as hereafter directed. 

(Powers of the Board of Administrators, S. 1354, R. S.) 
— The administrators shall have the power to direct and pre- 
scribe the course of study and the discipline to be observed in 
the University; to appoint by ballot, or otherwise, the president 
of the University, who shall hold his office at the pleasure of the 
board and perform the duties of a professor; to appoint pro- 
fessors, tutors and ushers to assist in the government and in- 
struction of the students, and such other officers as they may 
deem necessary, they being removable at the pleasure of the 
board. They shall fix the salaries of the president, professors 
and tutors, in the Academic Department, and fill vacancies in 
the professorships. Vacancies in the Law or IMedical Depart- 
ment shall be filled from persons first reconnnended to the ad- 
ministrators by the faculty of the Department in which a va- 
cancy may happen. No professor, tutor, or other assistant officer 
shall be an administrator of the University. 

(By-Laws and Regulations, S. 1358, R. S.) — They shall 
have power to make all ordinances and by-laws which to them 
shall seem expedient for carrying into effect the design con- 
templated by the establishment of this University, not incon- 
sisent with the Constitution of the United States and of this 
State, nor with the provisions of their charter. They shall not 
make the religious tenets of any person a condition of the ad- 
mission to any privilege or office in the University, nor shall 
any course of religious instruction be taught or allowed of a sec- 
tarian character and tendency. 



*TULANE University.— The University is not introduced into this eompilntion 
in the sense of a completely free school, yet the yreneriil benefits extended by its 
scholarship system, its agreement with the State and its relation to the "University 
of Louisiana" place it in the catalogue of publ c insntution's. 

The school was founded upon an endowment of the late Paul Tulane. and wac 
established by Act No. 43 of 1884, which wa.s ratified by a constitutional amendmeut 
Ap 11 17th. 1888, 



SCHOOL LAWS OF LOUISIANA. 81 

(Literary Honors and Degrees, S, 1359, R. S.) — They 
shall have the right of conferring under their common seal, on 
any person whom they may think worthy thereof, all literary 
honors and degrees known and usually granted by any uni- 
versity or college in the United States or elsewhere. The degree 
of Bachelor of Law, and Doctor of Medicine, granted by them, 
shall authorize the person on whom it is conferred^ to practice 
law, physics and surgery in this State. 

(Department of Law, S. 1360, R. S.) — The Department of 
Law shall consist of three or more professors, who shall be re- 
quired to give a full course of lectures on international, con- 
stitutional, maritime, commercial and municipal or civil law, 
and instruction in the practice thereof. 

(Access of the Medical Department to the Charity 
Hospital, S. 1370, R. S.)— The Medical Department of the Uni- 
versity shall at all times have free access to the Charity Hospital 
of New Orleans, for the purpose of affording their students 
practical illustrations of the subjects they teach. 
Note. — See "Beneficiary Students. " 

Southern University, A 87, ,'80; A. 90, '88. (See 
Con, '98. 

(Establishment.) — There shall be established in the City 
of New Orleans a University for the education of persons of 
color, to be named and entitled the "Southern University." 

(Faculty, Degrees, Departments, and Courses.) — There 
shall be established by said board of trustees a faculty of arts 
and letters, which shall be competent to instruct in every branch 
of a liberal education, and under rules of, and in concurrence 
with, the board of trustees, to graduate students and grant all 
degrees appertaining to letters and arts known to universities 
and colleges in Europe and America, on persons competent and 
deserving the same. 

There may also be established by said board of trustees a 
department of law and medicine. The department of law shall 
consist of three (3) or more learned professors, learned and 
skilled in the practice of law in this State, who shall be required 
to a full course of lectures on international, constitutional, com- 
mercial and municipal or civil law and instruction in the prac- 
tice thereof. The medical department of the university shall 
consis of not less than three professors. They shall be ap- 
pointed by the board of trustees from regular practicing phy- 
sicians of the State. The degree of bachelor of law and doctor 
of medicine, granted by them, shall authorize the person upon 
whom it is conferred to practice physic and surgery in this 
State. 

INSTITUTION FOR THE BLIND. 

Institution for the Blind, A. 92, '71; A. 49, '88; A. 145, 
'98; A. 166, '98; A. 196, '02. 



82 



COMPILATION OF THE 



(Establishment of the Institution.)— There shall be 
established and maintained, in the town of Baton Rouge, an in- 
stitution for the education of the blind, to be known as the 
''Louisiana Institute for the Blind." 

(Objects op the Institution.) — They shall receive, in- 
struct and support in the Institution all persons blind, or of 
such defective vision as not to be able to acquire an education 
in the ordinary schools, between the ages of seven and twenty- 
two years, of sound mind and proper health of body, and resi- 
dents of the State. Such persons shall receive instructions and 
be provided with board, lodging, medicine, and medical attend- 
ance at the expense of the institution and if in such indigent 
circumstances as to render it necessary, shall also be furnished 
with clothing and traveling expenses to and from the Institution 
upon a certificate to that effect from the president of the police 
jury of the parish, or the mayor of the city or town, in which 
they reside. 

(How Long Pupils May Remain.) — Persons admitted as 
pupils under fourteen years of age, may continue in the institu- 
tion ten yeat^.; if over fourteen and under seventeen years of 
age, they may continue eight years ; and if over seventeen years 
of age, they may continue five years; provided the board may 
in any ease extend the term two years. 

INSTITUTION FOR THE DEAF AND DUMB. 

Institute fob the Deaf and Dumb, A. 88, 71 ; A. 166, '98 ; 
A. 196, '02. (See Con. '98.) 

(Institution for the Exclusive Use of the Deaf and 
Dumb.) — The institution heretofore known as the Louisiana 
Institution for the Deaf and Dumb and the Blind, located at 
Baton Rouge, in this State, be and the same is hereby reorgan- 
ized by the provisions of this act for the exclusive benefit of the 
deaf and dumb. 

Act 167, 1898, provides : That there shall be established and 
maintained, in the town of Baton Rouge, an institution for the 
education of the deaf and dumb, to be known as the "Louisiana 
Institute for the Deaf and Dumb." 

(Admission of Pupils, A. 166, '98.)— They shall receive, 
instruct and support in the institution all persons deaf and 
dumb, or of such defective speech or hearing as not to be able 
to acQuirf an education in the ordinary schools, between the 
ages of eight and twenty-two years, of sound mind and proper 
health of body, and residents of the State. Such persons shall 
receive instruction and be provided with board, lodging, medi- 
cine and medical attendance at the expense of the Institution, 
and if in such indigent circumstances as to render it necessary, 
shall also be furnished with clothing and traveling expenses to 



I 



SCHOOL LAWS OF LOUISIANA. 83 

and from the Institution, upon a certificate to that effect from 
the president of the Police Jury of the parish, or the mayor of 
the city, or town, in which they reside. 

(Age op Admission.) — The perrsons admitted as pupils un- 
der fourteen years of age, may continue in the institution ten 
years; if over fourteen and under seventeen years of age, they 
may continue eight years ; if over seventeen years of age, they 
may continue five years; provided, the board may in any case 
extend the term two years. 

(Branches Taught.) — The institution shall provide all the 
requisite facilities for acquiring a good literary education in- 
struction in hj'-giene and physical culture and an industrial de- 
partment in which instruction shall be given in such trades as 
may- be best suited to render the pupils self-sustaining citizens. 
SPECIAL LAWS. 

Note.— Under this head is plac3d references to laws not quoted in 
this compilation. 

1. Act 54 of 1900 and Act 226 of 1902— Authority of 
Auditor and Treasurer to invest sixteenth section proceeds in 
levee bonds. 

2. Act 96 of 1900 — Authority of institutions of learning 
to confer literary degrees. 

3. Act 19 of 1878— Bond and oath of public officers. 

4. Act 135 of 1902 — Compensation of Assessors; also see 
Act 52, 1880 and Act 41, 1894. 



SYLLABI OF IMPORTANT SCHOOL DECISIONS 

OF THE 

SUPREME COURT. 



Certificates of Indebtedness. 

The board of directors for the Public Schools of New Or- 
leans have the control of school funds placed to their charge 
for the maintenance of the schools. It devolves upon this board 
to compel corporations to comply with their ordinances levying 
taxes for the schools, if they fail to comply with their obligation 
in this respect. 

The board of directors have authority to stand in judgment ; 
to institute or defend suits. The creditor of the school board 
has no right of action against the City of New Orleans to com- 
pel the city to recognize the validity of his claim. 

School certificates of indebtedness issued by the board of 
directors of the public schools for the years 1874, 1875 and 1876, 
are not debts of the Cit,y of New Orleans, and actions for the 
purpose of having them recognized as valid claims can be main- 
tained against the school board, as it is authorized to pass on the 
validity of the evidence of indebtedness of every one who alleges 
that he is a creditor. 

The City of New Orleans turns over amounts collected for 
schools to the treasurer of the school board. This officer notes 
the taxe*of different years and applies the amount to the pay- 
ment of certificates from the taxes of these years from which 
the creditors are entitled to payment. — Fisher et al. vs. School 
Directors, 184, 44 Ann. 
Debts op Defunct Institutions. 

The president of the board of supervisors of the Louisiana 
State University and Agricultural and IMechanical College can- 
not be compelled to warrant on any fund to pay a debt of either 
of the two former corporations, known respectively as "the 
Louisiana State University" and "the Agricultural and Me- 
chanical College." — 31 Aoin., 711, State ex rel. Schorten, Agent', 
vs. President Board of Supervisors. 

A mere stated account between the superintendent of the 
Louisiana State University and Agricultural find Mechanical 
College, and one of the professors employed in that institution, 
signed by the superintendent, is not such conclusive proof of the 
amount due the professor as would enable the latter to man- 
damus the president of the board of supervisors of the institu- 



SCHOOL LAWS OF LOUISIANA. 85 

tion to warrant for the amount, even if the president was au- 
thorized to draw such a warrant. — Ih. 
Ex Contractu Obligation. 

The obligation of the Treasurer of the fSchool Board of 
Union parish to account for funds received by him, -is ex con- 
tractu and fiduciary in its character, and is only barred by the 
prescription of ten years. — 32 Auji., 793, Board of School Di- 
rectors of Union Parislt vs. J. E. Trimble. 
Pree School Bonds. 

The sale of bonds constituting a part of the "free school 
fund," made in virtue of Act No. 81 of 1872, was utterly null 
and void, and conferred no title on the purchaser, and no future 
assignee or the purchaser, who took the bonds in good faith, for 
value, and before their maturity, could acquire a title to them. 

Bonds that are a part of the assets of the "free school 
fund" are consigned by law to the custody of the Secretary of 
State and Auditor of Public Accounts, and those officers have a 
right to claim their possession in whatever hands they may be 
found. And this right is not affected by the prescription of 
three years. — 31 Ann., 115, Sun Mutual Insurance Company vs. 
Board of Liquidation, Secretary of State and Auditor, Inter- 
venors. 
Limitation of Contract. 

The teachers of the public schools of New Orleans cannot, 
under the law, be appointed for a longer term than one year. — 
34 Ann., 354, F. A. Golden vs. Board of Public School Directors 
of New Orleans. 
Becovery of Funds. 

Where a mistake has been made by the State Treasurer in 
announcing to the State Superintendent of Public Education 
the amount of funds for apportionment among the educable 
children of the State, but before the apportionment could be 
cancelled the school directors of Orleans had received their quota 
under it, when the true siun has been ascertaind and announcd 
to the superintendent, and a revised apportionment is to be 
made, it is proper that the superintendent should take into ac- 
count, when apportioning to Orleans, the sum already im- 
properly paid to her under the mistake, and which payment has 
been made in consequence of that mistake. — 36 Ann., 241, Tlie 
State ex rel. Board of School Directors, etc., vs. E. H. Fay, 
Superintendent, etc. 

A school board organized according to law has a right to 
stand in court to claim from another school board likewise con- 
stituted, school funds which should have been paid to it -by the 
State authorities and which were illegally paid out to the latter. 
A receipt therefor would exonerate the debtor board. 

If the funds are not in kind in the possession of said board, 
but can be traced to property in which they have been invested 



86 COMPILATION OF THE 

by such board, the property itself can be recovered in place of 
the funds which it represents. 

An action to recover under such circumstances is not barred 
by the prescription of five years or less. — 36 Ann., 806, School 
Board vs. School Board. 
Sale of "Warrants. 

Under the authority of the Board of School Directors of a 
parish, the treasurer of the board may make a valid sale of the 
warrants of the State which represent that portion of the inter- 
est on the free school fund due to said parish. — 31 Ann., 158, 
Board of School Directors of Concordia Parisli vs. Hernandez. 

School Land, Tender, Etc. 

The residents and alleged tax payers in a township in whom 
is vested the title of the sixteenth section for the maintenance of 
the schools, have the right to invoke an inter-position of the court 
to annul the sale of this section. 

Tender as a prerequisite to the suit cannot be required. 
The price was not received by the plaintiffs. No title passed to 
the adjudicatee of the property. 

The amount should be returned by the authority by which 
it was received. In the meantime plaintiffs can prosecute their 
suit to have the sale annulled. 

The general government donated the sixteenth sections to 
the townships and authorized their sale, with the consent of the 
inhabitants residing within their respective limits. The legis- 
lative department of the State in compliance with the conditions 
of the grant, adopted laws requiring elections to be held to ascer- 
tain the will of the majority of their voters residing within the 
townships and providing certain prerequisites for the sale. An 
election not having been held in the township, the return of the 
election not being sustained at all, the adjudication made was 
null. - 

The sixteenth section offered for sale should bring its ap- 
praised value, which may not be less than $1.25 per acre. — 44: 
Ann., 365, Telle et al. vs. School Board ef al. 
Suretyship. 

Where the sureties on a five-thousaud-dollars bond are 
jointly sued for an amount aggregating two thousand dollars, 
this court will have jurisdiction, although the demand against 
each surety is less than $500: — Ann., 297, State ex rel. School 
Board, Parish of St. Tammany vs. Cousin et al. 

Where the plaintiff who sues the sureties on an official bond 
alleges the hopeless insolvency of the principal, the sureties will 
not deprive themselves of the right of discussion, to which they 
are entitled under the law, bv pleading an exception that admits 
the truth of the averment of insolvency. — lb. 

When the principal and sureties on an official bond are sued 
together, the judgment is res ad judicata as to the sureties, and 



SCHOOL LAWS OF LOpiSIANA. 87 

within the limit of the amounts for which they are held under 
the terms of their bond, they are bound to make good the entire 
judgment against the principal, including the penalty. — 40 Ann., 
705, Eastin & Breaux vs. Board of School Directors. ■ 
Taxation. ' 

The word "may" found in Section 54 of Act No. 81 of 1888, 
and Section 63, A. 167, '04, does not mean shall. Traced back 
through the last sentence of Article 339 of the Constitution to 
Act No. 23, Section 28 of 1877, which the framers of that instru- 
ment intended to continue in force in that respect, it simply 
means are authorized. 

The Constitution merely directed that the Legislature 
"shall provide that every parish may levy a tax," which means 
is authorized or empowered. 

Any legislation seeming to impose upon police juries the 
duty or obligation of levying the tax would transcend the dele- 
gated authority and so be unconstitutional and barren in effect. 

Police juries are therefore clothed by law with the discre- 
tionary or optional power of levying or not, as their wisdom may 
see fit and proper, the tax in question for school purposes. 

In case of failure to collect the tax, no mandamus can issue 
to compel the levy. — 40 Ann., 755, State ex rel. School Directors 
vs. Police Jury. 
Taxation. 

A municipal corporation, sued under an enactment deemed 
by it to be unconstitutional, the object of which is to compel it 
to increase an appropriation from its alimony, has a right to 
plead the unconstitutionality of the act and to have the conten- 
tion determined by the courts. 

It cannot be called upon to show cause why a relief sought 
against it should not be granted and when it appears, in re- 
sponse, be met with the objection, that it has no standing in 
court and cannot be heard. 

In such case, the courts will not refuse to listen to the 
defence ; but will inquire and pass upon its merits. 

The supremacy of a legislature over a city is not so absolute 
that it cannot be restrained by the organic law. Limitations 
imposed by the Constitution upon its powers cannot be over- 
leaped. 

The system of free schools in Louisiana is a State institu- 
tion, for the establishment, maintenance and support of which 
the State is required to provide by taxation, or otherwise. 

As a rule, the taxing powers may be exercised by the Gen- 
eral Assembly for State purposes only, and by parish and mu- 
nicipal corporations, under authority granted them by the Leg- 
islature, for parish and municipal purposes alone; but, under 
express sanction of the Constitution, the General Assembly 
"may" authorize parishes to levy a tax for the public schools 



88 



COMPILATION OF THE 



therein, not exceeding the State tax and, with other parish taxes, 
not exceeding the limits of parish taxation, fixed by the Con- 
stitution. 

The Legislature cannot force a parish to levy a tax for 
school purposes. It may authorize it to do so, and when it has 
done so, and the parish undertakes to raise it, the constitutional 
limits must be observed. 

To be valid, the levy of such a tax must find its authority in 
the organic law. The legislature has therefore no authority to 
compel the City of New Orleans, which is the Parish of Orleans, 
to make an appropriation to stand in place of the amount which 
a school tax, if specially levied, would have realized. 

The Legislature cannot transgress its powers, or invade 
those which are secured by the Constitution to the City of New 
Orleans. It cannot do indirectly that which it is incompetent 
to do directly. 

' Although the first part of Section 71 of Act 81 of 1888, may 
be constitutional, the provisos . which follow it and which re- 
quire the City of New Orleans to appropriate no less than $250,- 
000, for the school purposes, are unconstitutional. They are, 
therefore, deemed unwritten and not binding on the city. — 42, 
Ann., 92, State ex rel. ScJiool Board vs. City of New Orleans. 
Suits by State Superintendent. 

' ' He has no authority to appear in person, nor to be repre- 
sented by counsel of his own selection. In any suit in which 
he may be a party, he must be represented by the Attorney Gen- 
eral or District Attorney." (Fay vs. Burke, Treasurer. 35th 
Ann., 369.) 
Discipline. 

Moderate restraint and correction of a pupil by his teacher 
is not an offense, but is authorized by law, and the authority 
of the teacher is not limited to the time the pupil is at the school 
room or under the actual control of the teacher. (Bolding v.?. 
Texas, 4, N. W., 579.) 

"The teacher is loeo parentis, and authority is necessarily 
surrendered to him for proper government of the school." 
{Morrow vs. Wood, American Law Register, X. 8. X. 3, 692.) 

Relative to punishment, the calm and honest judgment of 
the teacher, as to the requirement, should have great weight in 
matters of discipline as in the case of a parent under similar 
circumstances. (American Law Register, Van Vacfer vs. State; 
July number, 1888. Discipline in School.) 

It is the duty of a teacher to maintain proper discipline in 
school, and the extent 9f his authority in that direction is dis- 
cussed. (Law Register, N. S. Vol. XIII, p. 716.) 

ART. CLIII. BRANCHES OF STUDIES. 

Sec. 7. Certain studies are requierd to be taught in the 
public schools by statute. The rights of one pupil must be so 



SCHOOL LAWS OF LOUISIANA. 89 

exercised undoubtedly as not to prejudice the equal rights of 
others. {Murrow vs. Wood, 13 American Law Register, p. 694.) 

Not A. — The State Board has adopted certain studies to be taught in 
iihe free public schools . The local boards have the authority of carrying 
out the rules and regulations of the State Board. The studies are subject 
to their control, also all questions relating to grading the schools, and to 
the schools the pupils should attend when there are several schools in the 
same town or locality. In this, however, due regard should be had for 
the wishes of the parents, but the parish board is the authority subject 
to such appeal as the law provides. 

School Property Exempt from Seizure. 

Property dedicated to the use, and belonging to public 
schools, or employed by municipal corporations for the purpose, 
shall be exempt from seizure. (R. S. 1320.) 

Article 207 of 1879 was amended by joint resolution, 92 of 
the regular session of 1186, No. 6 of the amendments, submitted 
to the vote of the people at the general election held April, 
1888'. Property used for colleges or other school purposes are 
exempt vide, also Tulane vs. Board of Assessors, 38, A. 297. 
Sixteenth Sections, and Court Decisions Respecting Them. 

Under the general laws, and where the township is sur- 
veyed in square sections, every sixteenth section is reserved as 
school land, in fractional or irregular townships on water 
courses, the Secretary of the Treasury is required by law to se- 
lect and designate the school lands. 

Board vs. Rollins, 33 A. 424. 

Bres. vs. Louviere, 37, A. 736. 

By issuing an indemnity school "warrant the State parts 
with what title in the public domain it could by location have 
secured. The divestiture is complete when the location is ap- 
proved, and on return and surrender the Governor issues a 
patent. 

Note. — Whenever the township is not surveyed in square sections, 
but is a fractional or irregular township on a water co arse or for other 
cause is fractional or irregular, the school authorities should see that the 
selection is legal, or that proper selection and location are made. 

One op the Powers of the School Committee. 

Commitees have a legal right to refuse to examine a teacher 
as to literary qualifications if they are dissatisfied with his 
moral character. (Case of Layton E. Seames School Committee 
of Conventry.) 
Privileged Communications. 

A communication representing that a certain person was 
of bad moral character, and wholly unfit to teach and have the 
care of a school madd'e to the proper authority for the sole pur- 
pose of preventing the issue to the person so charged of a license 
to teach school is held to be a privilege communication and not 
actionable. (Wiman vs. Mabee, 45 Michigan 484.) 



90 COMPILATlOlir OF THE 

An action will not lie on a communication relating to per- 
sonal character, if made in good faith and for an honest pur- 
pose by persons concerned and to the proper person. 

Nor will it lie when such a communication is untrue, if it 
is not maliciously made. 
An Excerpt from Blackstone. 

The last duty of parents to their children is that of giving^ 
them an education, suitable to their situation in life : a duty 
pointed out by reason of the greatest importance. 

"For as Puffendorf well observed, it is not easy to imagine 
or allow that a parent has conferred any considerable benefit 
upon his child by bringing him into the world, if he afterwards 
entirely neglects to cluture his education, and sutfer him to 
grow up like a mere beast to lead a life useless to others and 
shameless to himself." 

Yet the municipal laws of most countries seem to be de- 
fective on this point, by not constraining the parent to bestow 
a proper education upon his children." 

_ "Perhaps they thought it punishment enough to leave the 
parent, who neglected the instruction of his family, to labor 
under those griefs and inconveniences which his family so unin- 
strueted will be sure to bring upon him." 

AUTHORIZED HIGH SCHOOLS. 

M)arksville, Avoyelles Parish. 
Winnfield, Winn Parish. 
Norwood, East Feliciana Parish. 
Slaughter, East Feliciana Parish. 
Colfax, Grant Parish. 
Jeanerette, Iberia Parish. 
Napoleonville, Assumption Parish. 
Vidalia, Concordia Parish. 
Mansfield, DeSoto Parish. 
Lafayette, Lafayette Parish. 
Monroe, Ouachita Parish. 
Alexandria, Rapides Parish. 
Delhi, Richland Parish. 
Henry. Vermilion Parish. 
Ellis, East Feliciana Parish. 
Gilead, East Feliciana Parish. 
Coushatta, Red River Parish. 
Donaldsonville, Ascension Parish. 
Baton Rouge, East Baton Rouge Parish. 
Haughton, Bossier Parish. 
Benton, Bossier Parish. 
Plain Dealing, Bossier Parish. 
Shreveport, Caddo Parish. 
Lake Charles, Calcasieu Parish. 
Jennings, Calcasieu Parish. 



SCHOOL LAWS OF LOUISIANA. 91 

Grand Cane, DeSoto Parish. 
Winsboro, Franklin Parish. 
Bastrop, Morehouse Parish. 
Calhoun, Ouachita Parish. 
Cheneyville, Rapides Parish. 
Washington, St. Landry Parish. 
Hammond, Tangipahoa Parish. 
Minden, Webster Parish. 
Opelousas, St. Landry Parish 
Harrisonburg, Catahoula Parish. 

RESOLUTIONS AND RULINGS BY THE STATE BOARD 
OF EDUCATION. 

1. (Compulsory Examinations.) — Resolved, That while 
it is the sense of this board that the provisions contained in 
Section 57 of Act 214 of 1902, are still in force, that none the less, 
the parish superintendent has the right of requiring teachers 
whom he deems incompetent and inefficient and whom he has 
the power to remove under the 50th section of said act, to be 
examined with a view of testing their qualifications and fitness. 
(April 1, 1891.) 

2 (Examination Schicdule.) — Be it resolved: 

(a). That the examination for public school teachers' cer- 
tificates shall be held during the months of June and December 
of each year, and at no other time during the year. (August 
11, 1904.) 

(&) That the State Superintendent of Education prepare 
a set of questions covering all the subjects required by law, and 
furnish to the superintendent of each parish, a sufficient number 
of copies of these official question lists for use in the examina- 
tions, and that no other questions shall be used in said examina- 
tions; said questions to be sent out from the superintendent's 
office so as to reach the several parishes simultaneously, and ta 
be used only once, and only on the dates named above. 

(c) That the value of each question be indicated by the 
State Superintendent, and that a list of answers showing 
what would be a fair amount of information to be elicited by 
each question, be prepared by the superintendent and furnished 
to examining board of each parish board, for the purpose of 
establishing a uniform value to the certificates granted in each 
parish. 

(d) That the same question Jists be used in examinations of 
teachers for all grades of certificates, the several grades of cer- 
tificates being graded according to the percentages made by the 
candidates. 

(e) That the superintendent of each parish furnish to the- 
State Superintendent within two weeks after each examination, 
a list of all persons examined, with their postoffice addresses. 



'92 COMPILATION OF THE 

the grade received and the grade of certificate granted to each 
candidate. (See law relation to remittances of $1.) 

N. B. — Examiners will please mark each answer on the scale 
of 10 for perfect. (August 20, 1892.) 

3. (High Schools.).— Resolved: That the State Board of 
Education call the attention of the parish boards to the necessity 
of establishing high schools wherever the grade of students jus- 
tifies it, as the State Board of Education believe that the estab- 
lishment of a number of high schools in the State will contribute 
powerfully to build up both the public school system and col- 
leges and universities. August 19, 1892. 

4. (Collection of Poll Tax.) — The State Board urge the 
parish school boards to insist upon a full and complete collec- 
tion of the poll tax, and upon failure of the sheriffs to report 
as the law directs that suits be instituted against the tax col- 
lector for entire amount of the roll as the law directs in Sections 
2 and 3 of Act 89, approved July 2, 1888.— August 19, 1892. 

5. (Normal and Other Graduates.) — That the several 
parish school boards, committees on teachers, and parish super- 
intendents throughout the State are urged to use their best en- 
deavors to secure the services of competent teachers; that many 
graduates of our State Normal School and of other colleges en- 
titled to a preference in the employment of teachers, desire 
positions in our schools, many of whom have applied to our State 
Superintendent for employment, who will furnish their names 
and addresses on application, and we urge the local authorities 
to secure the services of such teachers as the best means of ad- 
vancing the educational interest of the children of the State. 
August 19, 1892. 

6. (Penalty for not Recognizing Normal Graduates.) — 
Resolved : That the State Superintendent of Public Education 
be and is hereby ordered and directed to report to the Governor 
any school boards or members of school boards who fail to give 
preference to graduates of the State Normal School or other 
schools and colleges of good standing as directed by resolution 
of this board passed August 19, 1892, or who fail to remove their 
parish superintendents who are inefficient, unfaithful or negli- 
gent in the discharge of their duties, and the Governor is hereby 
requested to remove such boards or members, sul)ject to the rati- 
fication of this board as approved by Section 2 of Act 29, of 
1892.— October 19, 1892. 

7. (Decission in Favor of Normal Graduates.) — Where- 
as, information has reached thi^ board of the violation by the 
school board of the parish of Bossier of the resolution adopted 
by this board of date August 19, 1892, passed in pursuance of 
Section 9 of Act No. 73 of 1892, exempting Normal graduates 
from examination and entitling them to a certain degree of 
preference, therefore. 



SCHOOL LA.WS OF LOUISIANA. 93-. 

Be it resolved : That the State Superintendent of Public Ed- 
ucation be and he is hereby required to notify said parish board 
of its violation of this Act as well as the resolutions of this 
board, and in the event of their failure to at once comply with 
the law and the resolutions of this body that the Grovernor be 
and is hereby requested to remove said board. — June 29, 1897. 

8. (Neglect of Duty to be Reported.) — Resolved: That it 
is necessary, that the parish school boards and the parish school 
superintendents shall rigidly adhere to the laws governing the 
piiblic schools, and where any neglect or violation of law by any 
parish superintendent, of any of provisions of such public school 
laws, shall come to the knowledge of the State Superintendent 
of Public Education, he shall at once report the facts to the 
Governor of the State, with the request that he remove such de- 
linquent under the provisions of Section 2 of Act 29 of 1892, 
amending and re-enacting Section 8 of Act 81 of 1888. — Octo- 
ber 19, 1894. 

• 9. (Uniformity of Text Books.) — Whereas, the law pro- 
vides under Section 3, of Act 81 of 1888 that a uniform series 
of text books shall be used in the public schools, and 

Whereas, this requirement has the merit of system and is 
in line with strict economy, and its wisdom has been thoroughly 
established by experience, therefore 

Be it resolved : That it shall be the duty of the superin- 
tendents in the several parishes to see that this rule is faithfully 
enforced and that the text books adopted or recommended by this 
board, and none others, are used in the public schools through- 
out the State. 

Resolved further : That a breach of the law requiring the 
use of uniform text books as above stated, after notice by the 
parish superintendent, shall be deemed sufficient grounds for 
the summary dismissal of any teacher in the public schools. 
(June 29, 1897.) 

10. Regulating the Price of School Books.) — Whereas, 
complaint has been made that some of the local dealers in school 
books in the country have been charging more than the contrai^t 
prices for text books selected for use in the public schools, 
therefore 

Be it resolved : That it shall be the duty of the parish super- 
intendents in the several parishes to post in a conspicuous place 
in the school rooms printed schedules of prices at vrhich it has 
been agreed to furnish the books, and the. patrons of the schools; 
shall be notified by him that they can be obtained from the prb- 
lishers through the parish superintendents, for cash, at these 
prices, in case any additional charges are made by local dealers. 

Resolved further. That the State Superintendent of Public 
Education shall forward to the parish superintendents these- 
printed price lists. — (October 19, 1894.) 



94 COMPILATION OF THE 

11. (Regulating Sale of School Books.) — Be it resolved: 
That the Depositaries appointed by this board are prohibited 
from in any way invalidating by their actions the contracts en- 
tered into by the board and the several publishing houses. (Oc- 
tober 19, 1894.) 

12. (Membership op Parish Boards.) — Be it resolved: 
That it is the sense of this board that no person be selected or 
appointed a member of a parish school board who at the time 
of such selection or appointment, is a meiiiber of the State Legis- 
lature, or who may hold any office of profit or trust debarring 
him from being selected or appointed to such office under Acts 
16 and 17 of the Constitution of Louisiana, excepting such per- 
sons as may be entitled to appointment under Act 170, to- wit: 
Justice of the Peace and Notary Public. (August 11, 1904.) 

13. School Directors not to Teach in Their Par- 
ish.) — Be it resolved: That it is the sense of this Board that 
persons engaged in teaching in the parish public or private 
schools of Louisiana shall not be selected or appointed to mem- 
bership on the parish school board of the parish in which they 
are engaged in teaching; and,^ be it further resolved, that a 
member of a parish school board now teaching, or accepting the 
appointment as teacher, in the said parish public or private 
schools of Louisiana, shall resign his position as a member of 
the parish school board of the parish in which he has accepted 
an appointment as teacher as aforesaid. (August 11, 1904.) 

14. (Qualifications of the- Parish Superintendent.) — 
Be it resolved : That the attention of parish school boards is di- 
rected to Section 8, Act 167 of 1904, wherein the pualifications of 
parish superintendents are stated, to-wit: "He shall be a person 
of high moral character, and a practical educator." Boards 
shall strictly conform to the purpose and intent of these quali- 
fications to the end that the best practical school supervision, as 
well as the services of a competent secretaryy of the board, may 
be guaranteed in the person of parish school superintendent. — 
(August 11, 1904.) 

15. (Apportionment of Funds for High School.) — Be 
is resolved : That high schools established, or hereafter to be 
established, shall not receive more of the school funds than any 
school of other grade. The law providing an equal distribution 
per capita to all schools. — (May 15, 1901.) 

16. (Parish Superintendents not to Engage in Teach- 
ing.) — Be it resolved: That the board of directors that no parish 
school superintendent shall engage in teaching in any of the 
parish public schools under his supervision during his term of 
office as superintendent. This resolution is not to be construed 
so as to prevent a parish superintendent from being the super- 
vising principal of any of his parish high schools. (August 11, 
1904.) 



SCHOOL LAWS OF LOUISIANA. 95 

17. (Parish Treasurers' Quarterly Reports.)— Be it 
resolved : That the parish school treasurers are directed to malie 
to the State Superintendent and the parish school boards, quar- 
terly reports of the receipts and disbursements of school mon- 
eys, with balances on hand at end of each quarter; also annual 
reports in the same manner at the end of each calendar year. 
(August 14, 1900.) 

18. (Rent op School Lands.) — Be it resolved: That par- 
ish school boards be notified that hereafter school lands could 
be rented or leased for the purpose of cultivation only (May 
15, 1901.). 

19. (Home Talent Encouraged.) — Be it resolved: That 
for the purpose of encouraging home talent and home industry, 
this board is of the opinion that hereafter in selecting text-books 
for use in the public schools of this State, preference should be 
given to such as have been either composed or printed, or both 
composed and printed, in this State; provided they be equal to 
competing books in intrinsic merits, mechanical construction 
and price. (July 25, 1901.) 

20. (Declaration op Independence.) — Be it resolved: 
That a committee be appointed for the purpose of having printed 
in some suitable and durable form the Declaration of Inde- 
pendence, to be suspended from the walls of every public school 
upon the 22d day of February, annually, throughout the State; 
and for this occasion a program of addresses and patriotic songs 
shall be arranged and carried out by the principals or teachers 
in charge of the schools. (July 25, 1901.) 

21. (State Teachers' Association.) — Be it resolved: That 
the State Board of Education regards the State Teachers' Asso- 
ciation as a valuable means of improvement of the public 
school teachers of the State and regrets to learn that only a 
small per cent, of our corps are on the rolls ; therefore, the State 
Board advises the parish superintendents to use their efforts to 
secure a large attendance of teachers at the annual meeting of 
the State Teachers' Association, as well as the monthly meetings 
of their parish teachers' association. (August 15, 1903.) 

22. (Compensation op Parish Treasurer.) — Be it re- 
solved: That this board construes its resolutions adopted July 
26, 1901, relative to the compensation of parish treasurers, to 
mean that their compensation. 

For disbursing the first $5,000 shall be 21/2 per cent. 

For all sums in excess of $5,000 and not exceeding $10,000 
shall be 2 per cent. 

For all sums in excess of $10,000 and not exceeding $15,000 
shall be 1 2-3 per cent. 

For all sums in excess of $15,000 and not exceeding $20,000 
shall be 1 2-5 per cent. 



96 COMPILATION OF THE 



For all sums in excess of $20,000 and not exceeding $25,00() 
shall be 1 1-5 per cent. 

For all sums in excess of $25,000 and not exceeding $30,000 
shall be 1 1-10 per cent. 

For all sums in excess of $30,000 shall be 1 per cent. (Au- 
gust 15, 1903.) 

23. (Establishment of High Schools.) — Be it resolved: 
That it is declared to be the poliqy of the State Board of Edu- 
cation that hereafter no high school be authorized or established 
in any parish until it is shown that the common schools of said 
parish have been kept open for not less than seven months in 
the year. (August 15, 1903.) 

24. (High School Diplomas.) — Be it resolved: That the 
State Superintendent of Public Education be authorized to 
prepare a form of diploma for high schools to be signed by the 
State Superintendent, parish superintendent, and principal of 
the school from which it is issued, said diplomas to be granted 
graduates of high schools of the State. (August 15, 1903.) 

25. (Taxes.) — Be it resolved: That this board hereby testi- 
fies its high appreciation of the philanthropy and patriotism of 
those inhabitants of the State who have availed themselves of 
the invitation of the State Constitution of 1898, by uniting in 
special school districts and voluntarily taxing themselves for 
the support and improvement of the public schools in their lo- 
calities; and this board further urges all the citizens of the 
State to imitate the noble example thus furnished. — (August 
15, 1903.) 



26 (SUMMER Sci,ooL CREDITS. )-Resolved : That the St^te 

Sr^lfteT a^^^^^^^ State Summer Schools, and domg sat.s- 

^^^T ^^l^^h;^^ W of attending.^e State's Sum- 

o / i 1 ti T?ir«t Crade teachers' certificates, and who 

'' T "^T^ichers who at the time of attending the State 's^Sunv 

q.hnol^ hold Second Grade certificates, and who shall attend 

rlt^^^'^Smnmer Schools for a term of twenty days or more, 

one year from date of attendance upon said Summer bctioois. 
October 3, 1904. 



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LIBRARY OF CONGRESS 

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